Rakia Imran
In a decisive move to enhance the efficiency of judicial proceedings, the Bombay Lawyers Association (BLA) has petitioned the Bombay High Court to harmonize the mentioning process across different benches. This process is critical for obtaining early hearing dates for urgent matters; however, the current inconsistencies lead to significant delays and inefficiencies within the legal system.
The BLA explained that after a petition is filed, lawyers are required to appear before a designated roster bench to request an expedited listing of the case. The lack of a uniform procedure frequently results in waiting periods that can extend to weeks before a case is finally scheduled for a hearing. On January 30, during a session where the plea was reviewed by a Division-Bench comprising Justice AS Gadkari and Justice Kamal Khata, the next hearing was scheduled for February 27.
Representing the Bombay Lawyers Association, Senior Advocate NS Nappinai, along with Advocates Jamshed Mestry and Priyanka Kumar, made an appearance, while Advocate RS Datar was present on behalf of the High Court.
The Court additionally noted a request from Mr. RS Datar, who sought an extension to adequately prepare a response. Speaking for the BLA, Advocate Eknath Dhokale asserted that the inconsistent mentioning procedures currently in use compromise the fundamental right to access justice and contravene the tenets of natural justice. According to the plea, judicial practices vary widely: some judges allow cases to be mentioned orally, others necessitate written or online requests, and some require that submissions be made directly in person to court clerks.
This inconsistency in procedure not only causes significant delays but also fosters arbitrary decision-making, ultimately depriving litigants of prompt access to justice for urgent matters. In light of this, the BLA has put forward a proposal to implement an automated listing system that would schedule all new filings for a hearing within four days, effectively doing away with the need for the traditional mentioning process.