Is SCBA Being Treated Worse Than An Ordinary Litigant By The Supreme Court?
In a letter addressed to the Chief Justice of India Dr DY Chandrachud regarding the listing and hearing of two urgent matters pertaining to the "lives and livelihoods" of the SCBA members, Senior Advocate Vikas Singh has said that SCBA wants to be treated like any other litigant without any priority and expects expedition in decision making from the top court.
The two matters, which, according to Singh are very crucial are as under:
1. SCBA v. Ministry of Urban Development & Ors | WP (C) No. 640/2022
This petition was filed by the SCBA seeking mandamus directing the Ministry of Urban Development to grant permission for the conversion of the entire land of 1.33 acres allotted to the Supreme Court behind the petrol pump near ITO as chamber block for lawyers. While notice was issued by the Supreme Court on 12th September, 2022, and the matter was heard on 3rd November 2022, it was later adjourned to 21st November 2022. Eventually, the next date was given as 9th January 2023. However, on 9th January 2023, the bench rose at 4:30 PM and the matter could not be heard. The matter was again mentioned on 10th January 2023 but no date for listing was provided.
2. SCBA Multi State Cooperative Group Housing Society Ltd. v. Aftab Alam & Anr & connected matters | Contempt Petition (C) No 80 of 2022
This petition concerns effecting urgent repairs to the 'Supreme Towers' constructed for the Supreme Court Bar Association Multistate Group Housing Society Ltd in Noida, where more than 700 lawyers with their families are residing. As per the letter, the Supreme Court via its order dated 21.03.2022 had requested Justice Gita Mittal, former Chief Justice of the High Court of Jammu and Kashmir and Ladakh to intervene in the matter and submit a report after ascertaining the view of the members of the society on the work of repair. After a detailed deliberation with the members of the society, a report was submitted on 17.0 8.2022. Thereafter, the matter was listed on various dates, however no hearing took place.
Why are the matters important?
With regard to the first case, Singh mentions in his letter that Chambers in an advocates' profession plays an important part. Coming to the second case in question Singh highlights the poor condition of the building and says that the inhabitants of the building are living under constant threat to their lives.
Due to the matters not being heard timely, Singh feels that the SCBA is not being given its due importance and hopes that a situation will not be created to force SCBA members to resort to some dignified way of protest.
Is the SCBA being treated unfairly, one will have to wait and see how Supreme Court of India responds to the claim made by Singh.
