NEW DELHI: The Supreme Court has discontinued live streaming of case mentioning in the Chief Justice of India’s (CJI) court, a process through which lawyers seek urgent hearings or early listing of cases. The top court has also decided to bar senior advocates from orally mentioning cases before the court. The new directions will come into effect on November 2.
According to the circular issued by the court, senior advocates will no longer be permitted to make oral mentioning requests. At the same time, junior and young advocates may be encouraged to participate in the process and make oral requests before the court.
The move comes amid questions over the manner in which cases are mentioned before the CJI’s court and the procedure followed for seeking urgent hearings. On Tuesday, the CJI expressed displeasure after a case involving Congress leader Rahul Gandhi was suddenly mentioned before the court. He reportedly objected to the practice of raising cases without a substantial basis or a clearly defined issue, describing it as a major inconvenience. He also stressed the need to put an end to such practices.
What Is Case Mentioning?
In the Supreme Court, mentioning is the process through which lawyers or concerned parties request the Chief Justice or a particular bench to list a matter for urgent hearing. The procedure is generally used when a party believes that immediate judicial intervention is necessary or that the court’s attention must be drawn to a matter before its regularly scheduled hearing.
During the process, advocates may orally explain the urgency of a case or submit a written request through the prescribed procedure. The court considers the nature of the matter, the urgency involved and the reasons presented before deciding whether it should be listed for an early hearing or whether any other appropriate directions are required.
Mentioning does not automatically guarantee an immediate hearing. The decision rests with the court, which assesses whether the circumstances justify urgent consideration. The procedure is intended to enable parties to bring time-sensitive matters to the court’s attention without waiting for the regular listing schedule.
Circular Issued After CJI’s Objection
During Tuesday’s proceedings, the CJI questioned the manner in which the case involving Rahul Gandhi was suddenly mentioned. According to the available details, he expressed concern that mentioning matters without a concrete basis or a clearly defined issue creates difficulties in the functioning of the court.
The CJI’s remarks highlighted concerns about the use of the mentioning process and the need to ensure that requests for urgent hearings are made in a proper and justified manner. Following the episode, the Supreme Court issued a formal circular outlining changes to the procedure.
Under the new directions, senior advocates will not be allowed to orally mention cases before the court from November 2. The court has also discontinued live streaming of the mentioning process in the CJI’s courtroom.
The changes are aimed at regulating the process through which cases are brought before the court for urgent consideration. However, the available details do not indicate that every existing method of seeking an early hearing has been discontinued or altered.
Junior Advocates May Get More Opportunities
The circular also states that young and junior advocates may be encouraged to orally mention cases before the court. The provision is being viewed as an effort to increase the participation of junior lawyers in the process.
The change could give younger members of the legal profession greater opportunities to bring urgent matters to the court’s attention. At the same time, the restriction on senior advocates represents a significant change in how oral mentioning will be handled in the CJI’s court.
The precise manner in which the new arrangement will operate will depend on the court’s applicable directions and procedures once the circular takes effect. The available information does not clarify whether any additional changes will be made to written requests or other existing mechanisms for seeking urgent listing.
The Supreme Court’s decision marks a change in the procedure for mentioning cases before the CJI’s court. The actual impact of the new rules will become clearer after their implementation on November 2, particularly in terms of how advocates seek urgent hearings and how junior lawyers participate in the process
