New Delhi [India], Several lawyers on Thursday represented the Chief Justice of India, DY Chandrachud, expressing concern over some unprecedented practices in the district courts and the Delhi High Court that granted stay of release under bail from Chief Minister Arvind Kejriwal.
Advocates, including Sanjeev Nasiar, Balraj Singh Malik and over 100 others, wrote to the CJI and expressed concern over some unprecedented practices being witnessed in the Delhi High Court and the Delhi District Courts.
The lawyers informed the CJI about an internal administrative order issued by the District Judge of the Rouse Avenue Court directing all vacation courts that they would not give any final order in any matter and would simply send notices to the regular courts after the vacation .
"Further, Hon'ble Justice Sudhir Kumar Jain (Delhi HC judge) should have withdrawn from the proceedings as his real brother Sh. Anurag Jain, a lawyer, is a lawyer for the Enforcement Directorate. This clear conflict of interest was never declared by the Hon'ble "Justice Sudhir Kumar Jain, in fact, issued orders which are clearly irregular and the delays of which have also been commented upon by the Hon'ble Supreme Court," the complaint reads.
“Not only this, several advocates have complained that soon after Ms. Nyaya Bindu, ASJ passed the bail order for Delhi CM Arvind Kejriwal, the district judge of the Rouse Avenue court issued an order internal administrative order directing all vacation courts that "We will not give any final order in any matter, and will simply issue notices to the regular Courts after the vacation," he added.
The representation also stated: "Such an order is administratively and procedurally irregular, but also a travesty of justice. The purpose of vacation courts is that there are urgent matters that require attention even during vacations. If an administrative order of this type, then defeats the very purpose of having vacation benches. The timing of the order also raised the question of whether it was passed after the Rouse Avenue Court granted bail to Delhi Chief Minister Sh.
"Such an order is also a direct violation of the spirit of the statements repeatedly made by you asking the lower courts to make quick decisions, so as not to obstruct the higher courts. However, instructing the vacation courts not to make decisions is to deliberately slow down the pace of decision-making by the courts. As a result, many lawyers who had cases included in the vacation have not been able to dispose of their matters. We, as representatives of the legal community, would like to present a. very strong objection against such administrative order," he added.
He further stated: "Many attorneys have also expressed concern that, for the first time in the court's history, judges are not recording attorney submissions in their orders. This is extremely unusual and is a practice that needs to be corrected. Therefore Therefore, it is humbly requested that instructions be conveyed so that the submissions made during the hearing be recorded before the lawyers and before the matter is adjourned," the representation said.
The Delhi High Court stayed the Rouse Avenue Court's order granting bail to state chief minister Arvind Kejriwal in a liquor policy case. Delhi HC has allowed ED to plead to stay the trial court's order.
Advocates, including Sanjeev Nasiar, Balraj Singh Malik and over 100 others, wrote to the CJI and expressed concern over some unprecedented practices being witnessed in the Delhi High Court and the Delhi District Courts.
The lawyers informed the CJI about an internal administrative order issued by the District Judge of the Rouse Avenue Court directing all vacation courts that they would not give any final order in any matter and would simply send notices to the regular courts after the vacation .
"Further, Hon'ble Justice Sudhir Kumar Jain (Delhi HC judge) should have withdrawn from the proceedings as his real brother Sh. Anurag Jain, a lawyer, is a lawyer for the Enforcement Directorate. This clear conflict of interest was never declared by the Hon'ble "Justice Sudhir Kumar Jain, in fact, issued orders which are clearly irregular and the delays of which have also been commented upon by the Hon'ble Supreme Court," the complaint reads.
“Not only this, several advocates have complained that soon after Ms. Nyaya Bindu, ASJ passed the bail order for Delhi CM Arvind Kejriwal, the district judge of the Rouse Avenue court issued an order internal administrative order directing all vacation courts that "We will not give any final order in any matter, and will simply issue notices to the regular Courts after the vacation," he added.
The representation also stated: "Such an order is administratively and procedurally irregular, but also a travesty of justice. The purpose of vacation courts is that there are urgent matters that require attention even during vacations. If an administrative order of this type, then defeats the very purpose of having vacation benches. The timing of the order also raised the question of whether it was passed after the Rouse Avenue Court granted bail to Delhi Chief Minister Sh.
"Such an order is also a direct violation of the spirit of the statements repeatedly made by you asking the lower courts to make quick decisions, so as not to obstruct the higher courts. However, instructing the vacation courts not to make decisions is to deliberately slow down the pace of decision-making by the courts. As a result, many lawyers who had cases included in the vacation have not been able to dispose of their matters. We, as representatives of the legal community, would like to present a. very strong objection against such administrative order," he added.
He further stated: "Many attorneys have also expressed concern that, for the first time in the court's history, judges are not recording attorney submissions in their orders. This is extremely unusual and is a practice that needs to be corrected. Therefore Therefore, it is humbly requested that instructions be conveyed so that the submissions made during the hearing be recorded before the lawyers and before the matter is adjourned," the representation said.
The Delhi High Court stayed the Rouse Avenue Court's order granting bail to state chief minister Arvind Kejriwal in a liquor policy case. Delhi HC has allowed ED to plead to stay the trial court's order.
