‘Why The Urgency?’: SC on Listing of Transfer Petitions Before Vacation Bench

The Supreme Court Yesterday (May 21st) questioned the rationale behind the listing of transfer petitions before vacation benches of the top court.

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'Why The Urgency?': SC on Listing of Transfer Petitions Before Vacation Bench

NEW DELHI: The Supreme Court on Tuesday raised questions regarding the rationale behind listing transfer petitions before vacation benches during the Court’s summer break. Currently, the Supreme Court operates with only three vacation benches, which are generally reserved for cases requiring urgent orders or relief.

A vacation bench comprising Justices PS Narasimha and Sanjay Karol expressed their frustration when a transfer plea was brought before them. The petition in question was filed by a company seeking to transfer a case from Noida to Chennai.

When informed that the transfer petition was appearing before the Court for the first time, Justice Narasimha remarked,

“Transfer petitions are listed before a vacation court? I don’t understand what is the urgency here in these. There are so many other cases.”

Justice Narasimha’s comment highlighted the Court’s view that such petitions do not constitute urgent matters warranting the attention of vacation benches. On Tuesday, a total of 18 transfer petitions were listed before the vacation bench led by Justice Narasimha.

Similar observations were made by the bench when an ‘after-notice’ matter was presented. When the advocate for the petitioner mentioned that he had yet to file his vakalatnama, Justice Narasimha questioned the necessity of listing such matters before the vacation bench.

“Absolute waste of time. Why are these matters coming up even before a Vacation Court? Absolute waste of time,”

-Justice Narasimha remarked, further expressing his discontent when the advocate informed the Court that the petitioner in the instant case had passed away and they needed to substitute legal heirs.

The bench’s comments reflect a broader concern about the efficiency and prioritization of cases heard during vacation periods, underscoring the need for a more discerning approach to listing cases that genuinely require immediate attention.

CASE TITLE:
M/S Jayam Aircon v. Havells India Limited.

Click Here to Read Previous Reports on Vacation Bench

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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