The Gujarat High Court has recently issued a circular emphasizing the necessity for strict procedural adherence when filing urgent petitions outside regular court hours or during court holidays. This directive aims to ensure that the judiciary maintains its integrity and efficiency, even when handling matters that arise beyond standard operational times.
The circular, disseminated by the Registrar General of the High Court, outlines a clear protocol for advocates seeking immediate relief in urgent matters during non-working hours. It stipulates that such advocates must first approach designated senior officers of the court's registry. These officers are tasked with the initial screening of the petition to verify its compliance with the established rules and procedures. Only after this preliminary assessment, and upon obtaining the necessary approval from the Honourable Chief Justice, will the matter be considered for listing before the appropriate bench.
This procedural framework is rooted in the judicial directions established in the case of Dineshbhai Bhagvanbhai Bambhaniya & Anr Versus State Of Gujarat & Ors. In this 2016 decision, a division bench comprising Justices K.S. Jhaveri and G.B. Shah underscored the importance of adhering to specific procedural requirements for matters filed post office hours or during holidays. The court mandated that the registry must not entertain any such petitions unless they are properly typed and affirmed in accordance with the applicable rules. Furthermore, the concerned department must ensure that any petition or application strictly complies with the prescribed format and procedural norms before it is presented for the Chief Justice's consideration.
The rationale behind these directives is to prevent the processing of incomplete or non-compliant filings during exceptional hours, thereby safeguarding the judicial process from potential misuse or procedural lapses. By enforcing these measures, the High Court aims to maintain the sanctity and orderliness of its proceedings, ensuring that even urgent matters are handled with the requisite diligence and formality.
This move by the Gujarat High Court reflects a broader commitment to upholding procedural discipline within the judiciary. It serves as a reminder to legal practitioners about the importance of following established protocols, even in situations that demand immediate attention. By instituting a clear and structured approach for handling urgent petitions outside regular hours, the court reinforces its dedication to procedural integrity and the efficient administration of justice.
In conclusion, the Gujarat High Court's directive mandates that any urgent petitions filed after court hours or on holidays must undergo a thorough screening process by designated registry officers and receive approval from the Chief Justice before being listed. This protocol ensures that all matters, regardless of their urgency, are subjected to the same rigorous standards of procedural compliance, thereby preserving the integrity and efficiency of the judicial system.
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