Hriday Shah
On 9th January, the Supreme Court expressed concern over developments regarding listing of cases in various High Courts, particularly the Allahabad High Court.
The Bench, comprising Justice Surya Kant and Justice N Kotiswar Singh, was hearing a plea moved by Uttar Pradesh MLA Abbas Ansari, who alleged that the High Court was not addressing his case involving a property dispute. The Bench expressed that the situation is “ very very worrisome.”
Justice Kant further highlighted systemic issues in the High Court, saying that filing and listing of cases both collapsed and no one knew which matter would be listed. Justice Kant also had long interactions with the concerned judges and the registrar on 3rd January.
Ansari had earlier approached the Supreme Court concerning a family property declared as evacuee property/government property. He argued that while others affected by similar circumstances had received interim protection from the High Court, he had been denied the same. Consequently, the State had taken possession of the plot and begun constructing housing units under the Pradhan Mantri Awas Yojana.
Supreme Court then directed the High Court to prioritize Ansari’s application for interim relief by 4th of November, emphasizing the need for an expedited hearing. Despite this directive, the case was still pending.
Advocates for the petitioner asked the Apex Court what could be done despite the latter order being passed. He said that if High Courts behave this way, where can citizens turn.
The Bench inquired about the High Court judge handling the case and remarked that he is one of the best judges in the country.
Subsequently, the Supreme Court ordered a status quo at the disputed site until the High Court hears the matter. It also directed that the case be listed at the earliest and instructed that its order be communicated to the Division Bench of the High Court.