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.

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.

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.

This is not the first time justice Oka has expressed concern over the Registry’s actions. In December 2024, a justice Oka-led bench admonished the Registry for failing to list six petitions despite explicit directions from the court. The petitions had been withheld on procedural grounds, specifically for not providing proof of service to caveators. Justice Oka’s order stated: “When there is an order of the Court directing listing of the cases specifically assigned to that Bench, the Registry cannot defy the order and refuse to list the cases on the ground that there was non-compliance with procedural aspects.” The judge held that the Supreme Court Rules, 2013, does not empower the Registry to disregard court directions.

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.