In a candid statement on Wednesday, Supreme Court Justice Surya Kant declared that he would not permit the urgent listing of any case on the same day unless it involved a matter of life and death, such as someone facing execution. He posed a poignant question, asking if anyone truly grasps the ‘plight of judges,’ their grueling work hours, and the limited sleep they manage to get.
Justice Kant was presiding over a Bench, which also included Justices Ujjal Bhuyan and N. Kotiswar Singh, specifically to hear requests for urgent case listings.
Typically, the Chief Justice of India (CJI), B.R. Gavai, handles such urgent requests as the master of the roster. However, with the CJI currently engaged with a five-judge constitutional Bench, the responsibility falls to the second most senior judge. This protocol ensures continuity when the CJI is occupied with constitutional matters or is unavailable.
Justice Kant’s forthright comments were prompted by advocate Shobha Gupta, who requested an immediate listing for a case concerning a residential house in Rajasthan slated for auction that very day.
“Unless someone is literally about to be hanged, I will never approve a case for same-day listing. Do you truly comprehend the struggles judges face? Are you aware of the countless hours they dedicate and how little sleep they manage? Unless an individual’s fundamental liberty is on the line, we simply cannot list a matter on the same day,” Justice Kant firmly stated.
Despite Advocate Gupta’s persistence, Justice Kant inquired about the original date of the auction notice. She informed him it was issued last week and that a portion of the outstanding amount had already been paid.
Initially, Justice Kant advised Advocate Gupta not to expect the case to be listed for at least a couple of months. However, he later softened his stance, directing the Supreme Court master to list the matter for Friday.