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Can’t defy order: SC raps Registry over case deletion

A bench comprising justices Abhay S Oka and N Kotiswar Singh issued the directive on Wednesday, expressing concern over the Registry’s failure to follow established procedures.

Updated on: Jan 24, 2025, 06:36:06 IST
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The Supreme Court has placed its own Registry under scrutiny, directing it to explain why cases are being unilaterally deleted from the cause list without informing the judges beforehand.

A bench comprising justices Abhay S Oka and N Kotiswar Singh issued the directive on Wednesday, expressing concern over the Registry’s failure to follow established procedures. (ANI PHOTO)
A bench comprising justices Abhay S Oka and N Kotiswar Singh issued the directive on Wednesday, expressing concern over the Registry’s failure to follow established procedures. (ANI PHOTO)

A bench comprising justices Abhay S Oka and N Kotiswar Singh issued the directive on Wednesday, expressing concern over the Registry’s failure to follow established procedures.

The order stemmed from an incident where a petition scheduled for hearing was inexplicably removed from the cause list. “The Registry has deleted this case for no reason. Once a matter has been shown in the daily cause list, the Registry cannot delete the same,” the bench recorded in its order. Justice Oka further noted that this was not the first instance of such an irregularity.

The bench’s frustration was highlighted when it said that judges burn the midnight oil preparing for cases, making it imperative for the Registry to inform the judges in advance if there is any valid reason to delete a case.

The court’s order directed the Registrar (Judicial) to submit a report explaining the deletion by February 3, 2025.

Similarly, in September 2024, justice Oka questioned the Registry’s unilateral decision to advance a hearing date without judicial authorisation, demanding a report explaining this deviation. This matter was put to rest after the Registry officials submitted their reports, accepting their mistake.

In August 2024, justice Oka had emphasised that the Registrar (Judicial) must provide reasons if a case explicitly ordered to be listed by the court on a particular date is not listed. “When there is a specific order of the Court that a particular petition shall be listed, the minimum we expect from the Registry is that there is some explanation placed on record why the order of this Court is not complied with,” justice Oka stated in the August 27, 2024, order.

The Supreme Court Registry, governed under Article 146 of the Constitution, operates under the supervision of the secretary general, who is accountable to the Chief Justice of India (CJI). The secretary general oversees all records, manages the scheduling of cases, and ensures compliance with the court’s procedures. The Registry includes several registrars and additional personnel, such as additional registrars, deputy registrars and branch officers.

According to the established protocol, registrars are responsible for maintaining the terminal list of all pending cases, publishing weekly and daily cause lists, and ensuring the proper scheduling of hearings. Any deviation, such as the deletion of a case without notice, is a breach of these responsibilities.

 
ABOUT THE AUTHOR
Utkarsh Anand

Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.

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