The Supreme Court of India has made official what had been informally practiced in recent months, implementing significant changes to how cases are mentioned and urgent matters are handled. The apex court has issued a comprehensive circular that fundamentally alters the traditional mentioning process while introducing strict protocols for case adjournments and urgent listings.
New Mentioning Procedure for Supreme Court
In a groundbreaking move, senior advocates have been formally barred from mentioning any case before any bench. The circular explicitly states that no senior counsel shall be permitted to make oral mentioning before any court. Instead, the court is encouraging young junior counsel to handle oral mentioning, marking a significant shift in courtroom dynamics and potentially providing more opportunities for younger lawyers.
The new procedure mandates that all fresh cases concerning specific urgent matters will be listed within the next two working days. This includes cases related to bail or cancellation of bail, death penalty petitions, habeas corpus matters, eviction cases, demolition disputes, and any other matters involving urgent interim relief.
Protocol for Exceptionally Urgent Matters
For matters deemed exceptionally urgent that cannot await scheduled listing, the circular outlines a specific procedure. Lawyers must submit a mentioning proforma together with a letter of urgency to the mentioning officer before 10:30 am. This applies specifically to cases involving anticipatory bail, death penalty, habeas corpus, eviction or dispossession, and demolition matters.
The strict timeline of 10:30 am ensures that the court administration has adequate time to process these urgent requests and schedule them appropriately, while maintaining the integrity of the court's daily operations.
Stricter Adjournment Guidelines
In an effort to reduce unnecessary delays in the justice delivery system, the Supreme Court has implemented tighter restrictions on case adjournments. According to the circular, adjournments will only be considered under specific circumstances:
- Bereavement in the family of the advocate or party-in-person
- Medical or health conditions affecting the advocate or party-in-person
- Other genuine reasons that satisfy the court
This move aims to discourage lawyers from seeking unnecessary adjournments that have historically contributed to case backlogs and delayed justice. The court has made it clear that only legitimate, verifiable reasons will be accepted for adjournment requests.
The formalization of these procedures represents the Supreme Court's continued effort to streamline judicial processes, reduce unnecessary delays, and create a more efficient justice delivery system. By empowering junior counsel and restricting adjournments, the court hopes to address long-standing concerns about case management while maintaining access to justice for urgent matters.
