The Supreme Court today witnessed a showdown between a bench headed by Chief Justice Dipak Misra and a lawyer over mentioning of a matter relating to the collegium's decision to transfer Karnataka High Court Justice Jayant Patel to the Allahabad High Court.
The bench stopped the lawyer from mentioning the matter for urgent listing, saying it has been made clear last month that only Advocates-on-Record (AoRs) can mention cases for out-of-turn listing.
The old practice of designated senior lawyers mentioning cases for out-of-turn listing and urgent hearing had come to an end on September 20 when the top court had made it clear that from now on, only AoRs can mention such matters.
AoRs are the lawyers authorised by the apex court to file cases and pleadings before it. The apex court conducts examinations to designate a lawyer as an AoR.
"You cannot mention this. You are not an AoR," the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, told advocate Mathews J Nedumpara.
Nedumpara said "I have no AoRs" and alleged that earlier no AoR was willing to appear in the matter related to former Calcutta High Court judge C S Karnan, who was sent to jail for six-month by the apex court for contempt.
The bench shot back, "at that time, this principle (of mentioning by AoRs only) was not evolved."
However, the counsel said he has filed a petition challenging the apex court collegium's decision to transfer Justice Patel and was only seeking listing of this petition.
"Now, you are questioning the power of the Supreme Court to frame rules," the CJI said, adding "I do not want a debate".
When the lawyer insisted that he should be allowed to mention the matter, the bench said, "please go, please go".
Later talking to scribes outside the courtroom, the lawyer said he had filed a petition in the apex court seeking to declare as unconstitutional the collegium's decision to transfer Justice Patel.
On September 19, the courtroom of the CJI, where matters for out-of-turn hearing are mentioned, had witnessed noisy scenes after a lawyer had complained that while his senior colleagues were being allowed to mention such cases, junior members of the bar were denied the opportunity.
Justice Patel, who was the second senior-most judge in the Karnataka High Court had recently resigned after being transferred to Allahabad High Court. He was tipped to become the chief justice of Karnataka High Court after incumbent S N Mukherjee retires on October 9.
