How does the Supreme Court handle urgent matters?

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Answer By law4u team

The Supreme Court of India handles urgent matters through a special procedure designed to ensure timely justice in exceptional or emergency situations. Here's how it works: Mentioning Before the Court: Urgent matters must be “mentioned” before the Registrar or the Bench (usually before the Chief Justice or a senior judge) to request early listing. Mentioning is typically allowed on working days in the morning before the court begins regular proceedings. Criteria for Urgency: The matter must involve: Imminent arrest or threat to life/liberty Stay of execution or demolition Time-bound government actions Elections, admission, or examination-related issues Special Benches or Vacation Benches: During court holidays or vacation, the Vacation Bench hears urgent cases. These benches are pre-announced and deal with limited urgent matters. E-filing and E-mentioning: Urgent cases can also be filed and mentioned online through the Supreme Court e-filing portal with a written request explaining the urgency. Immediate Listing: If urgency is accepted, the matter may be listed the same day or within a few days, bypassing the normal queue. Hearing in Chambers: In rare cases, urgent relief can be granted in the judge’s chamber without waiting for open court hearing, especially for interim protection. In summary, the Supreme Court prioritizes urgent cases by allowing early listing through mentioning, and it functions even during vacations to address matters of immediate importance.

Answer By Ayantika Mondal

Dear Client, A unique procedure is in place at the Supreme Court of India to handle urgent cases especially those involving irreparable harm to life or liberty. In the event of an emergency the party in question may submit a request for urgent listing with their petition. This request which explains the urgency is sent to the Mentioning Registrar or via the courts e-filing portal. Even on holidays or vacations the case is brought before a bench for an early hearing if the Chief Justice or the appointed Registrar is satisfied. The Supreme Court may convene midnight or oliday sessions in cases of extreme urgency such as impending arrest eviction or death penalty execution however this is uncommon and at the Chief Justices discretion. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, In India the Supreme Court has a fast track system for urgent matters which is called “mentioning”. This process allows a lawyer to bring a case forward to the Chief Justice of India (CJI) or a very senior judge in order to secure an early or at once hearing. The Mentioning Process Written Application: An advocate may present a written application which is in the form of a “mentioning memo” that puts forth that the matter is of great urgency. The memo has to put forward the facts of the case and what will happen if there is a delay which in turn causes irreparable damage or injustice. Common for an application to be deemed urgent include the threat of immediate arrest, a stop on a demolition which is in the process of taking place, or a very serious issue related to basic human rights like a petition for habeas corpus. Oral Mentioning: At what is typically early morning before the day’s regular court proceedings which is in the morning the lawyer makes an oral report to the Chief Justice’s bench. This is a short time in which the lawyer has to put forth the case’s urgency in very few words. Judicial Discretion: The judge reviews what the lawyer presents in terms of urgency. May be that the judge will set the hearing for as soon as that same day or the next, or may turn down the request if the issue is found to not be of urgent enough issue. Why it's necessary The Supreme Court is dealing with a large number of cases. What we see is a regular docketing system which puts cases in a chronological queue for months or even years before a case is heard. The mention procedure which is out of the ordinary from the usual practice, is put in place for urgent matters that require immediate judicial action. It is a very important tool in protecting citizens’ basic rights and to also prevent any permanent damage. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

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