1. The Chief Justice may appoint one or more Judges to hear, during summer vacation or winter holidays, all matters of urgent nature which, under the Rules, may be heard by a Judge sitting singly, and, wherever necessary, may likewise appoint a Division Court for the hearing of such cases during the vacation, which are required to be heard by a Bench of Judges.
2. The Division Courts shall sit regularly during summer vacation to hear urgent admission matters as well as old regular hearing cases identified by the Registry.
3. The Registrar shall prepare, publish and port on the website the Advance List of such cases/matters.
4. Ordinarily, urgent admission hearing cases shall be heard on Mondays and left over matters, if any, be included in the list of the following working day. Old regular hearing cases be ordinarily heard from Tuesday to Friday.
5. No admission hearing case be entertained and considered for listing during vacation or holidays, unless it is, inter alia, accompanied by an affidavit indicating all the material facts necessary for formation of opinion about urgency, such as:
a) nature of the matter;
b) date of the impugned order, if any;
c) reason for not filing it before the vacation/holidays, if the impugned order was made or the cause of action arose on an earlier date;
d) latest date upto which the matter can be heard in view of the urgency indicated; and
e) nature of interim order sought in the matter.
6. The following cases shall be considered as cases of urgent
(i) cases in which death penalty has been awarded;
(ii) petitions for habeas corpus and matters relating to it;
(iii) cases relating to imminent apprehension of demolition of property;
(iv) cases relating to dispossession/eviction;
(v) cases relating to violation of human rights;
(vi) cases relating to and of public importance; and
(vii) cases seeking anticipatory bail and cases filed against order
7. The following category of cases shall not be treated as cases of urgent nature for listing during vacation or holidays:
(i) cases arising out of interlocutory orders;
(ii) cases relating to remand orders;
(iii) cases relating to pre-deposit of tax, penalty, etc., under specified statutes;
(iv) cases arising out of life sentence or sentences for more than one year;
(v) service matters involving transfer and/or reversion, dismissal and removal from service;
(vi) transport matters, except those relating to cancellation of permits and requiring urgent interim orders; and
(vii) cases relating to decrees and their execution.
8. Notwithstanding anything contained hereinabove, the Chief Justice may, by a special or general order, constitute a Bench of any composition and direct a particular case or a particular class or classes of cases to be listed before a particular Bench.
Categories: Supreme Court Practice and Procedute