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Synopsis

The Supreme Court's Registry has on January 7, 2024 issued a circular for its officials to adhere with a January 10 judicial direction by a two-judge bench to shun the practice of mentioning caste and religion in memo of parties in cases filed in the Top Court.

"In compliance with the directions of the Hon’ble Court, all the concerned Officers/officials of the Registry are hereby directed to adhere to the directions that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Hon’ble Court, irrespective of whether any such details have been furnished before the Courts below," it said.

The circular also asked the members of the Supreme Court Bar Association and the Supreme Court Advocates on-Record Association to take note of the directions of this direction by the Apex Court.

In its January 10 order in a transfer petition, a bench of Justices Hima Kohli and Ahsanuddin Amanullah had directed all the courts including the high courts to ensure that the caste and religion of the parties are not mentioned in any petition, suit, or proceedings before them.

"We see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith," the court had directed.

The court had then noted with surprise that the caste of both the parties had been mentioned in the memo of parties, besides their other details.

A counsel for the petitioner had submitted that if the memo of parties as filed before the courts below is changed in any manner, the Registry raises an objection and in the present case as the caste of both the parties was mentioned before the court below, he had no option but to mention their caste in the Transfer Petition. 

"It is therefore deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below," the bench had said.

The court had also issued a direction to all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions.

Earlier also, a separate bench led by Justice Abhay S Oka had issued a similar direction against use of caste or religion in the title of the case.