SCAORA Objects To SC Registry Issuing Automated Alerts To Respondents Before Court Issuing Notice

The Supreme Court Advocates-on-Record Association (SCAORA) has written to the Supreme Court Registry raising concerns over the recent practice of sending automated SMS and email alerts to respondents upon the filing of fresh matters.

In a letter, SCAORA Hony. Secretary Nikhil Jain has requested the Registry to discontinue the requirement of mandatorily providing the contact details of respondents and to stop the automatic notifications being sent without a judicial order.

The Association stated that the current system requires advocates to provide the mobile number and email ID of the respondents at the time of filing fresh matters, both in the physical Listing Proforma and on the e-filing portal. According to SCAORA, this results in respondents receiving automated alerts from the Registry even when they have not filed a caveat or entered appearance in the matter.

SCAORA pointed out that such alerts being sent in the absence of a judicial direction constitute a departure from the Supreme Court Rules, 2013. The automated alerts, the letter states, effectively pre-empt judicial discretion and make the mechanism of caveats and formal service of notice redundant.

“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 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”, the letter reads.

The Association also flagged concerns about procedural fairness and confidentiality, especially in sensitive cases where premature notification to the opposing party could be prejudicial.

“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”, the letter states.

In its letter, SCAORA has urged the Registry to discontinue the mandatory requirement of providing contact details of respondents at the filing stage unless a caveat has been filed. In the alternative, it has requested that if such information is collected for record-keeping, then no alerts should be sent unless the respondent has either filed a caveat or entered appearance through an Advocate-on-Record after valid service of notice.

SCAORA said the proposed measures would bring the current practice in line with the Supreme Court Rules and safeguard the procedural rights of parties appearing before the Court.