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Supreme Court Bar President Questions Urgent Listing Of Arnab Goswami’s Petition

Dushyant Dave questions ‘’extraordinary urgent listing of the Special Leave Petition filed on behalf of Arnab Goswami’’

Supreme Court of India . (Source: BloombergQuint)
Supreme Court of India . (Source: BloombergQuint)

Supreme Court Bar Association President Dushyant Dave has written to the secretary general of the top court asking why a petition filed by television anchor Arnab Goswami has been listed urgently for hearing during vacation when other people remain in jail and are not being heard.

"While thousands of citizens remain in jails, languishing for long periods while their matters filed before the Hon’ble Supreme Court are not getting listed for weeks and months, it is, to say the least, deeply disturbing as to how and why every time Mr. Goswami approaches the Supreme Court, his matter gets listed instantly," Dave wrote in the letter. BloombergQuint has reviewed a copy.

Goswami's petition for interim bail will be heard on Wednesday. He moved the top court after the Bombay High Court denied him interim bail, asking him to approach the sessions court, after the Mumbai Police arrested him in a case of alleged abetment to suicide. He is in judicial custody since Nov. 4.

BloombergQuint texted queries to the secretary general and awaits a response.

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Dave said there was a "selective listing" of cases during the pandemic by the Supreme Court registry.

I must place on record that in a few cases, you have kindly helped in getting such matters listed. But that is not the issue. Issue here is, why is this selective listing taking place when system is supposedly computerised and is to work automatically? Why is it that despite the same, matters are getting circulated and that too before only few Hon’ble Benches? Why is there no foolproof system to be just and fair to all Citizens and all AORs?
Dushyant Dave’s letter

He asked whether there is a special order or direction from the master of the roaster in this regard or whether the secretary general of the court or the registrar are giving special preference to Goswami. Dave pointed out that he has been receiving requests from various advocates on record that the cases filed by them are not being listed even in urgent and serious issues.

Sir, the subject matter [Goswami’s petition] was filed yesterday, it got instant diary number, though not final, and it is listed tomorrow. This is a gross abuse of administrative power, whosoever has exercised it on administrative side. It gives an impression that clients represented by certain lawyers are getting special treatment, which does not speak well of the great institution, that the Supreme Court is.
Dave in his letter to the Supreme Court Secretary General

The Supreme Court’s functioning has been restricted since the start of the Covid-19 lockdown and all cases are being heard through video conferencing. The number of benches hearing cases, however, has risen through the course of the pandemic.

Dave requested his letter to be placed in front of the bench hearing Goswami’s plea tomorrow.

Dave also said the Supreme Court has failed to shift to a better platform despite suggestions from the Supreme Court Bar Association, which has resulted in making its functioning quite truncated and limited.