SUPREME COURT BAR ASSOCIATION PASSES RESOLUTION AGAINST CONSTITUTION OF SINGLE BENCHES
The Supreme Court Bar Association on Friday passed a resolution which conveyed protests against the amendments notified to the Supreme Court Rules, providing for single bench hearing for transfer petitions and bail matters for the offences that are punishable for a period up to 7 years of imprisonment.
The resolution stated, “It is surprising that the amendment has been brought without involving and/or consulting the Supreme Court Bar Association, which is the major stakeholder in the process of dispensation of justice in the Supreme Court.”
Order VI Rule 1 of the Supreme Court Rules was what, was amended. The association was in a state of “shock” after they were made known to the amendment that was made in the Supreme Court Rules. The Chief Justice of India has been advised to not put the rule into force and immediately take necessary steps to recall this rule.
Following this, the Supreme Court made use of Article 145 of the Constitution of India and apprised on 17th September, the Supreme Court (Amendment) Rules, 2019 to insert a proviso to Rules 1, Order VI of the 2013 Rules.
As per the newly inserted provisos, the following are the categories that may be heard and disposed of finally by a Judge sitting singly nominated by the Chief Justice of India:
- Special Leave Petitions emerging out of the grants, dismissal of Bail Application filed under Sections 437, 438 and 439 of the Code of Criminal Procedure involving offences punishable with sentence up to 7 years of imprisonment.
- Application for transfer of cases under Section 406 of the Code of Criminal Procedure.
- Application of an urgent nature for transfer of cases under Section 25 of the Code of Criminal Procedure.
- Any other category of cases notified by the Chief Justice of India from time to time.
By-
Nandini Sharma
Student Reporter, INBA