The Supreme Court Advocates-on-Record Association (SCAORA) has formally objected to a recent practice adopted by the Supreme Court Registry—automated SMS and email notifications being sent to respondents immediately upon the filing of a fresh case.
In a detailed letter to the Registry, SCAORA’s Honorary Secretary Nikhil Jain has asked for this system to be withdrawn. He emphasized that the mandatory requirement of providing respondents’ mobile numbers and email addresses during the filing process—both on the physical Listing Proforma and the e-filing portal—is leading to unintended and premature communication with respondents.
“This practice constitutes a significant departure from the established procedure under the Supreme Court Rules, 2013, which stipulates that a notice be issued to Respondents only after a judicial order to that effect or when a caveat has been filed,”
the letter noted.
SCAORA highlighted that the practice results in respondents being informed about cases before any judicial order is passed or before they officially enter appearance. This, according to the association, overrides the traditional caveat system and makes the formal process of serving notice meaningless.
“The current system, by sending automated alerts, effectively pre-empts such judicial directions and renders the very purpose of filing caveats and of formal service of notice redundant,”
SCAORA’s letter stated.
The association has also raised strong concerns regarding procedural fairness and confidentiality. It pointed out that in sensitive cases, such pre-notification can be damaging.
“We respectfully submit that this also raises concerns about procedural fairness and confidentiality in the filing of new matters, especially in sensitive cases where advance notification to the opposing party without a judicial mandate could be prejudicial,”
it added.
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SCAORA has suggested that the Registry either stop collecting respondents’ contact information unless a caveat has already been filed or, at the very least, ensure no alert is sent until the respondent has legally entered the matter through an Advocate-on-Record or after valid notice has been served.
By urging these reforms, the Association aims to realign the Registry’s practice with the Supreme Court Rules, 2013, and protect the rights of all parties appearing before the Court.