CJI Surya Kant says no to oral mentioning of cases, hears 17 cases on first day

On the first day as the Chief Justice of India, Justice Surya Kant, Monday set a new procedural norm that mentioning cases for urgent listing must be made in writing, and oral requests will be entertained under “extraordinary circumstances” like in cases of death penalty and personal liberty.

A bench led by Justice Kant heard as many as 17 cases in proceedings spanning around two hours on his first day as the CJI.

Justice Kant formally assumed charge as the 53^rd CJI shortly after taking oath in Hindi in the name of God at the Rashtrapati Bhavan.

Arriving at the Supreme Court for the first time as CJI in the forenoon, he paid floral tributes at the statues of Mahatma Gandhi and Dr B R Ambedkar on the court premises.

He then presided over a three-judge bench, also comprising Justices Joymalya Bagchi and Atul S Chandurkar, in the heritage courtroom number one.

As proceedings commenced around noon, the CJI pronounced a judgment on a plea filed by Himachal Pradesh against a private firm.

Just after the pronouncement, Supreme Court Advocates-on-Record Association (SCAORA) President Vipin Nair welcomed the new Chief Justice in the packed courtroom.

A lawyer greeted him as “a farmer’s son who has become the CJI”, drawing a brief smile. Justice Kant responded, “Thank you. I can see young lawyers from Chandigarh also.”

Getting down to business, the new CJI clarified that barring “extraordinary” situations, requests for urgent listing must be made in writing through a mentioning slip rather than by oral mentioning.

“If you have any urgent mentioning, give your mentioning slip along with the cause of urgency; the registrar will examine and in those matters, if we find an element of urgency, will take it up,” he said.

When the counsel pressed for the urgency in the matter, Justice Kant said, “Unless there are extraordinary circumstances involved, when somebody’s liberty is involved, there is a question of death sentence etc, then only will I list it. Otherwise, please make a mention... the registry will take a call and list the matter.”

Prior to the CJI’s observations, a counsel made an urgent mention of a matter relating to the demolition of a canteen.

Earlier, former CJI Sanjiv Khanna had stopped the practice of oral mentioning of cases for urgent listing in the top court. However, it was revived by Justice B R Gavai, who had succeeded Justice Khanna to the post.

Usually, lawyers orally mention cases before the CJI for urgent listing before the benches.

Justice Kant also attempted to encourage a junior counsel who had sought an adjournment on behalf of a senior advocate. “Take this opportunity, you should argue... If you argue, we may give a little discount,” he remarked lightly, hinting at the chances of the matter being dismissed.

The junior lawyer, however, declined, stating he had no instructions to argue.

In another matter, families of victims of alleged extrajudicial killings in Manipur sought a court-monitored probe. Their counsel submitted that the families “deserve to know at least what happened”.

Justice Kant noted that a probe was already underway and issued notice “for the limited purpose of finding out the status of the investigation by the NIA”.

The bench led by Justice Kant heard an appeal challenging an Allahabad High Court decision refusing to order the removal of a lawyer, the husband of a judge, from the post of standing counsel for the Uttar Pradesh government.

Cautioning against personal targeting, CJI Kant said, “There are some issues to be handled on the administrative side. Please do not name or target anyone.”

Later, the petitioner’s counsel sought permission to withdraw the appeal, which the court allowed.

President Droupadi Murmu administered the oath to Justice Kant at a brief ceremony attended by dignitaries, including Prime Minister Narendra Modi and former CJI B R Gavai. He will serve as CJI for nearly 15 months before demitting office on February 9, 2027, on attaining the age of 65 years.