Urgent Pleas Filed After Court Hours/ On Holidays Require Screening By Registry & Chief Justice's Approval Before Listing: Gujarat HC

The Gujarat High Court issued a Circular on Thursday (May 1) prescribing the procedure for listing of urgent matters which are filed during the court holidays or after regular court hours.

The circular refers to judicial directions previously passed in Dineshbhai Bhagvanbhai Bambhaniya & Anr Versus State Of Gujarat & Ors.

The circular issued by the Registrar General further states:

"I am directed by the Honourable the Chief Justice to notify that advocates seeking relief in urgent matters either on Court holidays or after Court hours, shall first approach the following Senior Officers of the Registry specially deputed for the said Purpose, who shall after screening the papers in accordance with the Rules and obtaining necessary permission/approval from the Honourable the Chief Justice, inform the advocates concerned about the directions and if permitted list before the Honourable Court concerned". 

In the aforementioned case decided on 01.04.2016, a division bench of Justices K.S. Jhaveri and G.B. Shah had laid down specific procedural requirements. The Court directed that in all instances where matters are sought to be moved post office or court hours or on holidays, the Registry must not entertain such matters unless they are typed and affirmed in accordance with the applicable Rules. Further, the concerned department must ensure that any such petition or application strictly complies with the prescribed format and procedural requirements before it is moved for appropriate directions from the Chief Justice.

The Court further directed that it shall be the responsibility of the Registry to ensure that, prior to seeking the permission of the Honourable the Chief Justice or any Court/Judge concerned, the matter is presented in the proper format as required under the Rules. These directives are meant to prevent the moving of incomplete or non-compliant filings during exceptional hours.

Para 11 of the Judgement read, “Before concluding we would also like to clarify that in cases where the matters are moved after office/court hours or during holidays, the Registry hereinafter shall not move any matter unless the same is typed and affirmed in accordance with the Rules. The concerned department in any case shall see that the petition/application is in consonance with the Rules and only then the matter shall be moved for taking appropriate permission from the Hon'ble the Chief Justice to list before the court concerned. The Registry shall see to it that before approaching the Hon'ble the Chief Justice and/or the Court/Judge concerned, the matter in question is in proper format as prescribed under the Rules.”

Click Here To Download Circular

Click Here To Download Judgement dt. 01.04.2016