The number of cases being filed in the Supreme Court is consistently on the rise. As many as 58931 cases were filed in the year 2004 and 41688 cases have already been filed till 31st October this year. Despite, full Judge strength not being available to the Court, it has consistently been able to increase the disposal of cases by increasing the number of cases fixed for hearing, streamlining the procedures, better Court management such as grouping and tagging of similar matters and extensive use of various I.T. Tools, 55530 cases were disposed of in the year 2004, an increase of about 17% over the disposal of previous year.

A. ALLOCATION OF BENCHES

(i) The matters expected to be filed in the Supreme Court have been divided into 45 subject categories which have been further divided into various sub-categories. Each fresh matter is categorized as per those subject categories. Each subject category has been allocated to one or more Judges and that allocation has been fed in the computer. Subject to orders of Hon’ble the Chief Justice of India, fresh matters are allocated to them through computer, as per the subject category. Since the allocation is made by computer, as per subject-category, there is no scope for any Bench- Hunting.

(ii) Coram by Filing Counter : In order to ensure that as far as possible matters involving same question of law and the matters arising out of the same cause of action are heard by the same Hon’ble Judges, the following practice is being followed by the Registry of the Court in fresh matters :

(a) If two or more fresh matters arise out of the same/common judgment of the Court below, they are tagged and listed together.

(b) If one or more matters arising out of the same/common judgment have already been listed before/disposed of by a Bench, any 32 subsequent matter arising out of that judgment is listed before the Hon’ble Presiding Judge of that Bench. If the Hon’ble Presiding Judge has retired or is not available, the matter is listed before the other Hon’ble Judge, member of that Bench. If both/ all the Hon’ble Judges, members of that Bench have retired, the matter is listed through Computer, as per Subject Category.

(c) If the High Court has disposed of two or more cases by separate orders but relying solely upon one particular judgment, fresh Special Leave Petitions arising out of those orders are tagged together. If one or more such matters have already been listed before/disposed of by a Bench, the subsequent matter arising out of such an order is listed before the same Hon’ble Presiding Judge, if available. If the Hon’ble Presiding Judge has retired or is not available, the matter is listed before the other Hon’ble Judge, member of that Bench. If both/all the Hon’ble Judges, members of that Bench have retired, the matter is listed through Computer, as per Subject Category.

(d) If an identical/similar matter has been disposed of by or is pending before a Bench, the newly filed matter is listed before the Hon’ble Presiding Judge of that Bench, if available at that time. If the Hon’ble Presiding Judge has retired or is not available the matter is listed before the other Hon’ble Judge, member of that Bench. If both/all the Hon’ble Judges, members of that Bench have retired, the matter is listed through Computer, as per Subject Category.

(e) If a Special Leave Petition/appeal has already been listed before disposal and another Special Leave Petition/Appeal arising out of the same cause of action is filed, it is listed before the Hon’ble Presiding Judge of the same Bench, if available. If the Hon’ble Presiding Judge has retired or is not available, the matter is listed before the other Hon’ble Judge, member of that Bench. If both/ all the Hon’ble Judges, members of that Bench have retired, the matter is listed through Computer, as per Subject Category.

(f) The fresh matter involving cross parties are tagged and heard together. 33

B. LISTING

(i) Division of Work : List of Business in the Supreme Court has been categorized in two parts. Part I comprises Admission Matters and Part II comprises Regular Hearing Matters. Admission/Miscellaneous matters are normally listed on Monday and Friday whereas Tuesday, Wednesday and Thursday are earmarked for Regular Hearing Matters. On Monday about 62-65 Admission Matters and on Friday about 45-50 Admission Matters including Final Disposal Matters are listed before each Division Bench.

(ii) Listing of fresh matters : Fresh matters registered on Monday, Tuesday and Wednesday are listed on next to next Monday and those registered on Thursday, Friday and Saturday are listed on next to next Friday. However, fresh matters where the accused in custody and Habeas Corpus Petitions, if registered between Monday to Wednesday are listed on next Monday and if registered between Thursday to Saturday, are listed on next Friday. Jail Petitions/Appeals, where the accused in custody, are processed within one week and listed two weeks thereafter, in order to give sufficient time to the Amicus Curiae to prepare the case. Thus, there is no scope for any preference in giving dates or for delaying the listing of a matter. However, if the matter has been filed in person and not through advocate, date is given manually to the petitioner/ appellant, on registration of his matter. If he is not present in person at that time, he is informed of the date by registered post.

(iii) Subsequent Listings : In order to ensure that once listed, the matter is heard by the same Hon’ble Judges, the following practice is being followed by the Registry of Supreme Court :

(a) On first listing, if a matter is adjourned by a Bench on subsequent hearing(s), it is listed before the Hon’ble Presiding Judge of that Bench, if available at that time. If the Hon’ble Presiding Judge has retired or is not available, the matter is listed before the other Hon’ble Judge, member of that Bench. If both/all the Hon’ble Judges, member of that Bench have retired, the matter is listed through Computer, as per Subject Category. 34

(b) If notice is issued in a matter, it is listed before the Hon’ble Presiding Judge of the Bench which issued the notice, if available at that time. If the Hon’ble Presiding Judge is not available due to non sitting or retirement, it is listed before the Hon’ble Second/Third Judge Member of the Bench which issued the notice. The same Coram continues till leave in SLP is granted/Appeal is admitted, as the case may, or the matter is dismissed. If both/all the Hon’ble Judges, member of that Bench have retired, the matter is listed through Computer, as per Subject Category.

(c) When either special leave is granted or the matter is dismissed by a Bench, the same coram continues so long as the matter is listed on miscellaneous side.

(d) If a matter become Part-Heard, it is listed before the same Hon’ble Judges on subsequent hearing unless it is released by them from Part- Heard. If released from Part-Heard, unless otherwise directed, the matter is listed before the Hon’ble Senior Judge who heard the matter in part. On retirement of the Hon’ble Senior Judge, the matter is listed through Computer, as per Subject Category.

(e) If an application is filed in a disposed of matter, it is listed before the Hon’ble Presiding Judge of the Bench which disposed of the matter. If, however, the Hon’ble Presiding Judge is not available or has retired, the application is listed before the other Hon’ble Judge, member of that Bench. If, however, both/all the Hon’ble Judges, members of that Bench have retired, it is listed through Computer, as per Subject Category.

(f) A Contempt Petition is listed before the Hon’ble Presiding Judge of the Bench which passed the order subject matter of the Contempt Petition. If the Hon’ble Presiding Judge has retired or is not otherwise available, it is listed before the other Hon’ble Judge, member of that Bench. If both/all Hon’ble Judges, members of that Bench have retired, the petition is listed through Computer, as per Subject Category.

(iv) Dates In Adjourned Matters : If Admission Matter is adjourned by the Court, it is listed further through computer in terms of the directions given by the Court in this 35 regard and keeping the overall ceiling of total matters to be listed before the Bench, in view. For this purpose a computer programme has been prepared in consultation with NIC and dates are given by the computer in terms of that programme, thereby eliminating manual intervention. The computer gives date in the following order of priority:

a. Specific date matters

b. Matters which are adjourned for a particular period viz 1/2/4 weeks.

c. Matters directed to be listed in a particular month.

d. Notice matters where a returnable date is given by the Registry.

e. Matters directed to be listed after a particular period viz 1/2/4 weeks.

f. The matters which are simply adjourned without any direction as regards the next date of hearing/the matters in which date is given by the Registry.

(v) Shifting of excess matter : Sometimes it happens that the number of matters updated for a particular date exceeds the ceiling limit of Admission Matters to be listed before each Division Bench. Since no useful purpose is served from listing the matters which the Court cannot hear, excess matters are shifted, through computer, to some other date on which slot is available for listing of the matter. A programme has been prepared with the assistance of National Informatics Centre for this purpose and shifting of excess matters is carried out by the computer on the basis of that programming. Excess matters are shifted by computer in the following order:

a. Matters, if any, taken from the pool of old matters.

b. The matters which are simply adjourned without any direction as regards the next date of hearing/the matters in which date is given by the Registry.

c. Matters directed to be listed after a particular period viz 1/2/4 weeks. 36

d. Notice matters where a returnable date is given by the Registry.

e. Matters directed to be listed in a particular month.

f. The matters which are adjourned for a particular period viz 1/2/ 4 weeks.

g. Matters of certain important subject categories.

h. Previously deleted matters/Early Hearing Applications/Bail Matters in unavoidable circumstances. The matters in which specific dates are given by the Court are, however, not shifted to any other date.

(vi) Priority Listing of certain matters : Cases of certain categories such as

(i) cases of accused in jail,

(ii) cases of senior citizens,

(iii) cases of out of job persons,

(iv) cases under Prevention of Corruption Act,

(v) Matrimonial Cases,

(vi) group matters,

(vii) cases required to be heard by 3-Judges Bench and

(viii) old matters are accorded priority in listing for regular hearing, in order to ensure that such cases are heard and disposed of expeditiously. For this purpose, all cases of these categories are included in the Terminal List and while generating weekly list and daily list, computer automatically gives the specified priority to such matters.

(vii) Listing of regular matters shown in the weekly list in the following order:

a. Part-Heard Matters (if any)

b. Group Matters (10 onwards)

c. Three Judges Bench Matters

d. Death Case

e. Jail Matters

f. Election Matters of Parliament Constituency and Assembly Constituency

g. Specially Directed and Adjourned Matters 37

h. Prevention of Corruption Matters

i. Matters in which employees/workmen have become out of job due to dismissal, removal, compulsory retirement and retrenchment

j. Matters relating to Senior Citizens of the age 65 years onwards

k. Matrimonial Matters

l. Old Matters

m. After Decision Matters

n. Short Matters

o. Expedited Matters

p. Ordinary Matters

(viii) Urgent Matters : The following matters are considered to be of urgent nature and may be listed and heard during vacation/holidays:

i) Matters in which death penalty has been awarded;

ii) The petition for Habeas Corpus and matters relating to it;

iii) Matters relating to imminent apprehension of demolition of property;

iv) Matters relating to dispossession/eviction;

v) Matters relating to violation of human rights;

vi) Matters relating to and of public importance;

vii) Matters for anticipatory bail and matters filed against order refusing/granting bail;

(ix) Hearing of Bail Applications in a Regular Matter: The cases in the Supreme Court are heard by a Bench of two or more Hon’ble Judges. However, bails applications in appeals are heard by the Hon’ble Judge sitting singly, called Chamber Judge. The applications are heard in open Courts and orders are passed after hearing the advocates. 38

(x) Mentioning : If urgent relief/directions are required in a fresh matter or in a pending matter, either the party-in-person or his advocate can give request in the prescribed form called Listing Performa to Assistant Registrar (Mentioning), on week days between 10.00 A.M. to 4.30 P.M. and on Saturdays from 10.00 A.M. to 12.30 P.M. The matter is then listed before the Court on the next working day only for the purpose of mentioning, provided the request for mentioning was received by 4 P.M., to previous day. However, no mentioning is allowed on Mondays. This facility enables the party to obtain immediate relief instead of waiting for the scheduled listing of his case.

(xi) Caveats : Where a petition, not relating to any pending appeal, is expected to be filed or has been filed but has not yet been heard, any person claiming right to appear before the Court on the hearing of such petition, may lodge a caveat in that matter. As and when any such petition is filed, the Registry will send a Notice of Lodgment of the Petition to him and shall require the petitioner to serve copy of the petition upon the caveator, along with the copies of the papers filed in support of the petition. If the petition has already been filed, the petitioner shall be required to serve copy of the petition upon the caveator and deliver copies of papers filed in support of the petition to him.

(xii) Processing of cases: After registration of a case, it is processed and all the steps in terms of directions of the Court are taken by the concerned section. However, documents etc. have to be filed at the Filing Counter which transmits them to the section dealing with the case. The number of concerned section can be seen on the cause list in which the matter is shown and is also indicated on all proceedings and processes etc.

 (xiii) Process fee and copies : If the Court orders issue of notice to the opposite party, the person at whose instance notice has been issued is required to file process fee at the rate of Rs. 10 per person, normally within 7 days from the date of order. 39 He is also required to file as many copies of the petition/appeal as is the number of respondents sought to be served. If the process fee is not received back or is returned unserved, he is required to take steps for completion of service including, wherever necessary, dasti service or substituted service, by way of publication in newspaper or affixation at the spot.

(xiv) Appearance in Court : A person represented by an advocate is not permitted to argue in person, though he can remain present in the Visitors Gallery, after obtaining the requisite pass for this purpose. A person not represented by an advocate can however argue his case in person and for this purpose, he can remain present in the Court, where his matter is listed.

C. CAUSE LISTS

 (i) Miscellaneous Cause List For Admission Matters, a computer generated Advance List is issued for each Monday and Friday, about two weeks before the date of hearing. It gives enough time for informing the client, preparation of case, engaging Senior Advocate and making arrangements for the party attending the Court on the date of hearing. A final Cause List is then issued for each Monday and Friday about one week before the date of hearing. If necessary, a Supplementary List is also issued one day before the date of hearing.

(ii) Regular Cause List For hearing of regular matters, a Terminal List is generated each year, through computer, before reopening of the Court after Summer Vacation. Weekly Lists, followed by Daily Lists, are then generated from the Terminal List, through computer. Weekly List of the matters likely to be listed on Tuesday, Wednesday and Thursday of the coming week is issued on each Friday. Daily Lists for Tuesday is issued on the preceding Friday whereas Daily List for Wednesday and Thursday are issued on the preceding Tuesday and Wednesday respectively.