SC judge clarifies same-day listing permitted only when liberty or life is at stake

Supreme Court judge Surya Kant on Wednesday made it clear that he will not order urgent listing of a case on the same day unless someone’s life or liberty is at immediate risk. Speaking during the mentioning of cases for urgent hearing, he highlighted the long hours and limited rest that judges endure, reported PTI.

Heading a bench with Justices Ujjal Bhuyan and N Kotiswar Singh, Justice Kant was acting in place of Chief Justice B R Gavai, who typically hears such mentions as master of the roster but is currently occupied with a five-judge constitutional bench. By convention, the second-most senior judge steps in when the CJI is unavailable.

The remarks came when advocate Shobha Gupta requested urgent listing of a case involving the auction of a residential property in Rajasthan. “Unless someone is about to be hanged, I will never list a mentioned case on the same day. You people don’t understand the plight of judges. Do you even know how many hours they have been working and how many hours they get to sleep? Unless someone’s liberty is at stake, we will not list it the same day,” Justice Kant told the court.


When Gupta pressed the matter, Justice Kant asked about the timing of the auction notice. She responded that the notice was issued last week and that part of the outstanding amount had already been paid.

Justice Kant advised that the matter should not expect a listing for the next couple of months. However, after further consideration, he asked the court master to list the case for Friday.

With inputs from PTI