The Supreme Court clarified that the Registry of the court cannot unilaterally delete cases from the cause list once they are scheduled for hearing. The decision, delivered on February 4, emphasizes that only the concerned bench or the Chief Justice of India (CJI) holds the authority to order such removals.

Background of the Case

The judgment arose during the hearing of a Special Leave Petition (SLP) initially listed at serial number 11 on January 26, 2025. The Registry had removed the case from the cause list, citing the non-receipt of a notice regarding “alternate arrangements” for the respondent. This notice was crucial because the respondent’s Advocate-on-Record had been designated as a Senior Advocate, necessitating alternative legal representation.

Read Also:- Supreme Court Highlights FIR Omission as Critical Evidence Under Section 11 of the Evidence Act

However, the bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan found the Registry’s reasoning flawed. The Court noted that the case was deleted on a “specious ground” despite the absence of any judicial order permitting such action.

“Once the case is notified on the cause list, unless there is a specific order to that effect, either of the bench concerned or Hon’ble the Chief Justice, Registry has no authority to delete a case which is already listed.”

No Authority to Delete Listed Cases: The Court stressed that the Registry’s role is administrative, not judicial. Once a case is listed, its removal requires explicit instructions from the relevant bench or the CJI. Non-service of notices, including those about alternate arrangements, does not justify deletion.

Read Also:-

Common Practice of Listing Unserved Notices: The bench highlighted that the Registry routinely lists cases even when notices remain unserved or unreturned. Thus, the lack of confirmation about service cannot override the judicial process once a hearing is scheduled.

Impact on Litigants: Unauthorized deletions disrupt court proceedings and undermine litigants’ rights to a fair hearing. The judgment aims to prevent arbitrary administrative actions that could delay justice.

Case no. – Petition for Special Leave to Appeal (Crl.) No. 10642/2019

Case Title – State of Uttar Pradesh v. Anup Singh