SC hits out at Allahabad HC over ‘collapse’ of filing, listing systems

The court was informed that since its order requesting the Allahabad HC to hear the matter expeditiously, the case was listed eight times without any hearing.

The Supreme Court on Thursday expressed concern over the “collapsed” system of filing and listing cases at the Allahabad high court while hearing a plea by Uttar Pradesh legislator Abbas Ansari regarding disputed land in Lucknow.

The court was informed that since its October 21 order requesting the Allahabad HC to hear the matter expeditiously by November 4, the case was listed eight times without any hearing. (ANI PHOTO)

The court, which described work at the HC as “worrisome”, made the observations after learning that Ansari’s petition seeking a stay on construction on his plot, which the state claims is “evacuee” land, had not been heard even once despite the top court’s October 2024 directive for an “out of turn” hearing.

“This is one of the high courts that we are worrisome about,” said a bench headed by justice Surya Kant, ordering status quo on the disputed land until the high court takes up the matter.

The court was informed that since its October 21 order requesting the Allahabad HC to hear the matter expeditiously by November 4, the case was listed eight times without any hearing.

“We don’t want to comment anything but filing has collapsed, listing has collapsed. Nobody knows when a matter will come up for hearing,” the bench, also comprising justice N Kotiswar Singh, said. Justice Kant mentioned he had recently met with judges and registrars of the high court to discuss these issues.

The matter gains significance in light of recent controversies surrounding the Allahabad HC. One of its judges, justice Shekhar Kumar Yadav, attended a Vishwa Hindu Parishad event in Prayagraj on December 8 and made remarks targeting the Muslim community. He supported abolition of triple talaq and halala under the Uniform Civil Code and advocated for the country to be ruled by the majority under a Hindu ruler.

The Supreme Court Collegium, including Chief Justice Sanjiv Khanna and four senior judges including justice Kant, summoned Yadav last month, warning him about public utterances and requesting a report from the high court chief justice.

Yadav’s comments led to an impeachment motion by 55 Rajya Sabha members.

Senior advocate Kapil Sibal, who represented Ansari and led the Rajya Sabha delegation seeking justice Yadav’s removal, told the court, “This is the largest high court where it is happening.” He added that since October 21, the matter was listed eight times before justices Ranjan Roy and Brij Raj Singh without any effective hearing.

Abbas, son of late gangster-turned-politician Mukhtar Ansari who died in custody at Banda jail in March 2024, won the Mau assembly seat in 2022, previously held by his father for five terms. While authorities attributed Mukhtar’s death to a heart attack, his family alleged “slow poisoning.”

The disputed plot (No. 93) was purchased by Abbas’s grandfather through a registered sale deed in 2004 and subsequently transferred to Abbas and his brother through inheritance. In August 2020, the sub-divisional magistrate of Dalilagh, Lucknow declared it evacuee property in an ex parte order, prompting affected parties including Abbas to approach the high court.

The Supreme Court, while avoiding direct observations about the high court’s handling of the case, ordered maintenance of status quo, citing potential “irreparable loss” if third-party rights were created on the land where the state government had begun construction under the PM Awas Yojna.

The bench directed its order to be communicated to the high court for earliest possible hearing, reiterating its October 21 directive which had requested the high court to “take up the application out of turn, if so required, so that the prayer of the petitioner for interim protection can be appropriately adjudicated.”