New Delhi: Lawyers in the Supreme Court have started a unique drive to raise Rs 100 for a fellow advocate who was asked to pay the amount as fine for alleging bias in listing of cases by the court’s registry officials.
A bench led by Justice Arun Mishra had on 6 July dismissed advocate Reepak Kansal’s petition alleging that the top court’s registry gave preferential treatment to influential law firms and litigants while listing matters.
The court had then said there was no “justification” in alleging “discrimination” against the department working with less staffers during a pandemic and imposed a fine of Rs 100 on Kansal.
Kansal’s colleagues are now contributing 50 paise each, and once the amount is collected, the coins will be deposited with the court’s registry.
In his petition, Kansal had stressed before the court that guidelines were needed to stop the registry from “discriminating against ordinary lawyers”.
During the hearing, Kansal also voiced his objection against the registry’s swiftness in listing the petition filed by Editor-in-Chief of Republic TV Arnab Goswami as an urgent case. His plea was filed before Goswami’s but it took days to be listed before the court, Kansal had argued.
“The collection drive was started a day after the judgment. Lawyers became a part of it because they felt the issue raised in my petition needed the bench’s intervention,” Kansal told ThePrint.
Dushyant Dave, president of the Supreme Court Bar Association, said the order in Kansal’s case was “deeply disappointing”.
“Misuse of discretionary powers to list cases in the Supreme Court is writ large. Matters that deserve to be listed but are not high profile never get listed on time. This has seriously affected the practice of young advocates who get to file one or two cases a month. If they do not get listed, their livelihood is seriously undermined, more so during the pandemic,” he told ThePrint.
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‘Collection a symbolic protest’
For the collective drive, a WhatsApp group was created on 7 July with about 150 lawyers. Initially, the amount was fixed as Re 1 for each member. Later, it was brought down to 50 paise after more lawyers joined the group.
So far, Kansal said he has received money from 100 lawyers. “Fifty paise is not in common use nowadays. Therefore, it is difficult for lawyers to find it.”
ThePrint spoke with some of the lawyers who have contributed to the fine amount. All of them said they were of the view that the bench should have looked into Kansal’s grievance.
A lawyer, who did not want to be named, told ThePrint that the collection is a symbolic protest against the registry and the court. “We started this movement as a response to show that we all stand by the cause espoused by Kansal.”
“If the court has imposed a fine on Kansal then the best way to show our displeasure is to deposit it in 50 paise coins. Let the registry do some work,” said another lawyer, on the condition of anonymity. To dismiss Kansal’s petition without an inquiry was not justified, he added.
Baseless and reckless allegations: Supreme Court
Kansal’s petition was dismissed with an observation that he had levelled “baseless and reckless” allegations against the Supreme Court registry at the time when officials were putting themselves in danger to serve litigants.
“During such a hard time, it was not expected of the petitioner, who is an officer of this court, to file such a petition to demoralise the registry of this court instead of recognising the task undertaken by them even during pandemic and lockdown period,” the bench had said, while imposing the fine.
About Goswami’s case, the court said his petition was listed urgently in view of the order from a competent authority. “It pertained to liberty and freedom of media,” the court had noted.
The bench also said it had become a widespread practice to blame the registry.
“To err is human and there can be an error on the part of the dealing assistants too. This is too much to expect perfection from them, particularly when they are working to their maximum capacity even during the pandemic. The cases are being listed. It could not be said that there was an inordinate delay in listing the matters in view of the defects,” it had observed.
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Thanks for raising the Issue.
It’s really funny to note that lawyers attached to SC are at free run alleging like union leaders in any organization. Their roles, assuming to be a non-accountable person in the premises of SC , need legal steps to stop such reckless attempt that undermines the status of SC for one’s personal selling. Every organization has put in place its grievances mitigating process against any unwarranted jealousy violating the code of conduct. It makes sense to quote ” Lawyers destroy justice”.
Sir, I have 50p coins for nearly 500rs. Can anyone help in change of this, be coz here in my locality the banks say it is not valid.
Who will judge the judiciary?
Privatisation of entire clerical and the staff below registrar cadre will enhance transparency, speedy remedy. The entire clerical work needs to be handed over to top software companies to handle the clerical jobs.
Other than this it is impossible to bring transparency , Trust on the Judiciary.
Throttling. Realty bites. Even President Gujrat HCBar Association facing Contmpt on d same issue. Mr Dushyant Dave’s remarks r also most appropriate.
To maintain its credibility ,SC should keep proper system in place. Justice should not only been done but appear to have been done. Ceasars wife should be above suspicion. Previously also lot of criticism on registry was raised. By penalizing lawyers not to air their genuine grievances is counter productive .
Firstly, to put the record straight, I am with Adv Reepak Kansal. And there are many who will agree with both of us. The poor/corrupt registry management is the first nail on the coffin of judicial credibility.
Next, the fine imposed, having being imposed, is ridiculous. Especially, the advocate being an officer of the court, his complaint cannot be considered frivolous. Either it is taken up with all the seriousness it deserved and redressal granted or if it was considered frivolous, resulting in wasting court’s precious time, the penalty should have been deterrent.
Third, we have had 4 senior most judges uniting to allege misuse of discretion on the part of the CJI himself even in the matter of allotting cases. If this was not worthy of prosecution for contempt of court then nothing else can be. And this when a high court judge had been sent to 6 month in prison for complaining of specific offences, under the law, committed by his colleagues.
Interestingly, Arun Mishra, is the one who had ordered some flats at Marad, Kochi to be demolished within one month of the order, without hearing the actual victims of corrupt developer-public servant nexus or even ensuring that they had been heard by some competent authority.
As per my own assessment, our judiciary needs not just reforms, but total overhaul to make it just, effective, efficient, transparent and accountable. The responsibility for the abysmal law and order situation rest squarely at the doors of our judiciary.
A very valuable piece of comment. Since, the whole country is suffering from corrupt practice of the courts, people either stay away from it or join hands with it.
But the solution is in the hands of the people – they have to fight back together and remove the culprits. A new culture of fair play must be installed.
I totally endorse your views,
Courts are running like “Shops”. Advocates are bothered about listing their cases and livelihood for themselves. No-one is bothered about dragging of the cases for 30 and 50 years. Where is justice on time. We saw so called “Justice” in Nirbhaya Case. People have lost faith and trust in judicial system of India. I have heard, you can buy justice. Isn’t it True???
Powerful and Rich people can amend justice in their favour.
One wonder how can a litigent is obliged by the Registry for working during pendemic? The Court should have shown courage to keep its stable clean. It is more than evident, justice is not for all but a privilege of the haves! It is because of this bias, the courts have blind foldded their Goddess! Every right thinking minds’ 50 paisa is included in this payment of 100 rupees!
Finding 200 coins may be a bit difficult. However, the influential may assist in the job to prove, indirectly, that they are not preceded over the rightful ones.
The entire judiciary reeks of irresponsible and anti-democratic attitudes. Why Salman Khan’s case is still pending since 2015? Why no first come first served basis? Why high profile cases get delayed or cleared as per the individual judges whims? Clearly, we need a system which checks such criminal misdeeds and also accountability on the entire judiciary to decide cases from the lowest court to the supreme court within 1 year. All subsequent appeals should be decided within 3 months for every stage until the supreme court. The entire judiciary and police are a big disgrace and a dirty spot on a democracy.
Lawyers are making a Legal Mistake. Refer to Coinage Act 2011.
Coins are “limited legal tenders”. Max amount payable by 50 paisa coins is Rs 10. That is 20 coins.
MOST OF TV NEWS CHANNELS HAVE LOST THEIR SHIN AND THE VIEWERS ARE AVOIDING TO SEE THESE CHANNELS . REASON IS WELL KNOWN TO ALL. WORSE THAN THE WORST SITUATION MAY ARISE IN COMING DAYS.
Dushyant Dave should also explain out of turn hearing of pursuant bhushsn bail .
The Supreme Court is fast becoming a wall that blocks all reason, logic and law to favour anything that is in line with the ruling dispensation. Not unlike the American Supreme Court which has a majority of Conservative judges.
Not becoming. It has always been, except for rare cases. Even the Emergency, the dark age of Independent India, was a byproduct of an supreme court decision that upheld the conviction of Mrs Indira Gandy by the Allahabad High Court but did not uphold the punishment awarded. And then there is the notorious ADM Jabalpur case too where the apex court declared that even right to life stood abrogated during the Emergency which had been declared just to protect the selfish interest of the then PM who had been elected through misuse of office machinery.
Even paks SC is better.sent the most powerful politicians to jail.here the Khap panchayat is denying the corruption to be investigated .inthe name of security.