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2001 DIGILAW 117 (CHH)

In Re: v. G. Tamaskar, Advocate VS .

2001-12-14

FAKHRUDDIN, W.A.SHISHAK

body2001
ORDER 1. The matter relates to conduct of an advocate regarding submission while making special request for listing a case urgently. 2. Shri Tamaskar, in the court slip has mentioned in red ink as under: "If the Court slip is not entertained, it is prayed therefore that it may be returned with endorsement "rejected" for so that counsel for respondent can inform her accordingly." In view of the averments and expressions made and language used in the Court slip, the present case was registered. 3. In the present case, Shri V.G. Tamaskar has also filed a confidential letter purported to be written by Shri Raj Kamal Singh, Advocate, Bilaspur, to the Registrar/A.R. (J). In the letter itself, it is mentioned that it is confidential. In the application Shri Tamaskar has not mentioned as to how the said letter has come in his possession. 4. A perusal of this letter shows that Shri Rajkamal Singh, Advocate, submitted this letter to the Registrar/Additional Registrar (Judicial) and desired the matter to be dealt with confidentially. How and why and with what object it has been filed was specifically questioned by us. Shri V.G. Tamaskar, Advocate, appears to have put in service of about 20 years or so in practice and this Court expects better assistance. He was repeatedly asked to state the object of filing such letter in this proceeding, which is confidential. The conduct of counsel who has written confidential letter and thereafter alleged to have given the said letter, is also questionable. The confidential letter states about the difficulties purported to be faced by Shri Rajkamal Singh. He has mentioned about some cases mentioned in para 1 of the letter. We have perused those cases and got the details from the Registry. Shri Rajkamal Singh is not a party here before us and as such we do not wish to deal with in great detail about each of those matters mentioned, in the present proceedings but it is suffice to say that prima facie there has been default on behalf of counsel as shall be clear from the order sheets of those cases. Shri Rajkamal Singh, Advocate, in his letter mentioned that it shall not look proper that the counsel shall depend upon the Court Slip for listing of the cases, but it, now a days, has become an ultimate way out to this prevalent practice of court slip which defeats the ends of justice, as according to him junior lawyers would not dare approaching the Courts for listing of their cases through Court slips. This contention of Shri Rajkamal Singh needs examination and we would have just ordered stoppage of this practice by one word, as it is the privilege which is conferred in case of emergency or utmost urgency and this can be stopped immediately. In any case, the Special mention for listing a case by a Court slip has to be made in case of emergency and utmost urgency, after proper filing of a case without default, with an application for urgent hearing and immediate hearing. Special mention/request has to be construed in right perspective especially when our High Court has now Hon'ble the Chief Justice and a puisne Judge who are required to sit in single bench and also Division Bench according to the roster. 5. Shri Tamaskar appearing in person tendered unqualified apology for the language used in the slip. Apart from this, he stated that he realizes the mistake and feels extremely sorry. Shri Ravindra Shrivastava, Advocate General and Dr. N.K. Shukla, Deputy Advocate General submitted that the apology is given from the heart and after full realization, Shri Tamaskar has also assured that in future he would not give such an opportunity. Shri Tamaskar has been advised to be very careful. 6. Shri Ravindra Shrivastava, Advocate General Dr. N.K. Shukla, Deputy Advocate General, Shri Gautam Bhaduri, Govt. Advocate, Shri A.S. Gaharwar, Central Government Standing Counsel, Shri V.D. Bajpai, President of the Bar Association who represents the Bar Council and other counsel Shri P. Diwakar, Shri Yaswant Tiwari and Shri Tamaskar have also addressed the Court. Dr. N.K. Shukla, Deputy Advocate General appearing for the State pointed out that difficulties are arising in many cases due to defective filing and that causes lot of inconvenience. Learned counsel prayed that exhaustive guidelines/directions may be issued regarding filing, checking and special mention/request for hearing matters. 7. Dr. N.K. Shukla, Deputy Advocate General appearing for the State pointed out that difficulties are arising in many cases due to defective filing and that causes lot of inconvenience. Learned counsel prayed that exhaustive guidelines/directions may be issued regarding filing, checking and special mention/request for hearing matters. 7. Having heard and considered all aspects and further taking into consideration all facts and circumstances especially shortage of Hon'ble Judges in this High Court, following guidelines and directions are issued :-- (I) The person filing the case shall certify that; the case has been filed as per High Court Rules and Orders; the names of the parties, the particulars of the case & impugned order/judgment with date, Crime Nos., name of the Police Station, Offences involved in criminal cases & proper valuation of appeal with requisite Court fee accompanied by proper and legible documents duly attested by the counsel if required, are in proper proforma and certified copies if required are also filed. The annexures, if any, filed therewith are legible and the hand written copies are duly typed; the provisions of law under which case has been filed and application made therein are correctly mentioned; the stamps are properly affixed according to the High Court Rules and Orders, and the vakalatnama/Memo of Appearance is duly filled in and signed according to the requirements. (II) The person filing the case shall also certify that to the best of his/her knowledge and belief there is no default. (III) Counsel or party filing the cases shall also ensure that the date on which the case is fixed for checking shall appear before the checker and if any default is noticed/found he shall take appropriate steps before the Additional Registrar (Judicial) as per High Court Rules & Order. (IV)In cases where there is any default regarding typed copies of hand written documents like medical reports etc., and if the counsel or person filing the case, after making all efforts, is unable to remove the same, then in that case suitable application to that effect may be filed. (V) The case should contain paragraph that the same is filed within limitation and if there is any delay, the period of delay must be specifically mentioned. If the case is filed beyond limitation, it must be accompanied by an application mentioning the reasons for delay duly supported by document. (V) The case should contain paragraph that the same is filed within limitation and if there is any delay, the period of delay must be specifically mentioned. If the case is filed beyond limitation, it must be accompanied by an application mentioning the reasons for delay duly supported by document. The petition or the application must categorically state that the same is within limitation according to law and if there is delay of some days it should be specified as to how much time it is barred and it should not be left for being calculated by the office and in case of delay, the application should contain relevant provisions of the Limitation Act i.e. Sections 5, 14 and so on and so forth or other provision or statutue under which the delay is prayed to be condoned. (VI) In cases where State/Union of India is a party, the counsel/person filing the case shall certify that advance copies have been served according to the Rules and acknowledgment obtained. (VII) In the cases where caveat has been filed, it shall be ensured that copies as required under Section 148A of C.P.C. have been supplied to the other side. (VIII) The petitioner/applicant desirous of special mention should state that there has been no delay on his part giving reasons for urgency accompanied by affidavit, as it is noted that many a time a litigant passes period of limitation at leisure and rushes to the Court at the last moment with S.O.S. Such a person who himself has not taken the matter promptly and seriously is not normally entitled for indulgence of the Court. (IX) The matter shall be placed for hearing before the Court after due process by the Registry under the head 'as special mention' cases in the cause list of next working day according to the roster and on availability of Benches. (X) The special mentioning application shall contain all the details which are specified and shall be filed in triplicate in case of Single Bench matters and 5 copies in case of Division Bench or full bench duly accompanied by adinterim application and relevant annexures, application for urgent/immediate hearing. (X) The special mentioning application shall contain all the details which are specified and shall be filed in triplicate in case of Single Bench matters and 5 copies in case of Division Bench or full bench duly accompanied by adinterim application and relevant annexures, application for urgent/immediate hearing. It be filed at or before 1.30 p.m. duly certifying that there is no default and the matter has been checked by the Office and default if any has been removed, then in that case Additional Registrar (Judicial) or the Deputy Registrar (Judicial) being satisfied about compliance of Rules, Orders & directions issued by High Court shall place the same on the next working day of the Division bench / single bench or as soon as possible thereafter, as the case may be, on availability of Bench/Benches and according to the directions contained in the roster fixed by Hon'ble the Chief Justice. (XI) With the bail applications filed under Section 439 Cr.P.C. where challan has been filed, copy of the challan should be filed as far as possible and if it is not possible, it should be clearly stated in the application that though the challan has been filed but the applicant is not in a position to file challan papers. (XII) Where the First Appeal, Second Appeal, Miscellaneous Appeal, Civil Revision, Criminal Appeal and Criminal Revisions are filed against the judgment/order of decided matters, the Registry shall call for the records immediately after registration of the case and the cases be listed for admission alongwith the records before Single Bench or Division Bench according to the Roster. (XIII) So far as the defaults of clerical/typographical errors are concerned, the cases may be listed before the Additional Registrar (Judicial) and defaults may be cured and rectified as provided in the High Court Rules and Orders and as held by Hon'ble the Apex Court in the case of J.R. Parashar, Advocate and Ors. v. Prashant Bhushan, Advocate and Ors., reported in 2001 AIR SCW 3237 = AIR 2001 SC 3395. (XIV) Where-ever any order for Expeditious Hearing by High Court or Supreme Court is passed, the application for stay, the memo of revision, memo of appeal etc., must contain such averment and as far as possible copies of such order/direction be filed and/or brought to the notice of the Court. 8. (XIV) Where-ever any order for Expeditious Hearing by High Court or Supreme Court is passed, the application for stay, the memo of revision, memo of appeal etc., must contain such averment and as far as possible copies of such order/direction be filed and/or brought to the notice of the Court. 8. So far as the letter written by Shri Raj Kamal Singh which has been filed by Shri Tamaskar, is concerned let it be registered on judicial side. Notice be issued to Shri Raj Kamal Singh, Advocate, Bilaspur and Shri V.G. Tamaskar, Advocate. Shri Tamaskar and Rajkamal Singh further to explain as to how the letter intended to be confidential has changed the hands. Shri Rajkamal Singh would also file his detailed affidavit alongwith the orders passed in each of the case or cases mentioned in para-1 of the confidential letter so that suitable direction and remedial steps, if required, be issued.