Matters taken away from notice issuing bench and listed before different quorum: Senior Lawyer writes to CJI

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Synopsis

These matters include some sensitive matters involving human rights, Freedom of Speech, Democracy, and Functioning of Statutory and Constitutional Institutions, the CJI has been informed.

Senior Advocate Dushyant Dave has written to the Chief Justice of India flagging the issue of reassignment of sensitive matters to a different bench other than those where the matter was first listed.

"I have personally come across a number of cases listed before various Hon’ble Benches upon first listing and/ or in which notice have been issued, being taken away from those Hon’ble Benches and listed before other Hon’ble Benches. Despite first coram being available the matters are being listed before a Hon’ble Benches in which second quorum presides..", the letter states.

The senior lawyer has added that seniority of the first coram is also being ignored and his attention has been drawn by colleagues at the Bar, Seniors, and Advocates on Record (AoRs), about various cases in which they have appeared in the first instance on numerous occasions, later the matters being listed before different Benches. 

"I personally met the Secretary General and apprised him of the anxiety and misgivings of the bar in this regard. Emails sent to Registrar (J-I) by Advocates on Record (AoRs) making serious grievance about it have not been responded, far from course correction taking place...", CJI DY Chandrachud has been told.

The CJI has thus been asked to take corrective measures as soon as possible.