 can list cases before different Benches of the Apex Court or reassign them, and no one else.){kind=link}
The Supreme Court has confirmed that only the Chief Justice of India (CJI) can list cases before different Benches of the Apex Court or reassign them, and no one else.
The Bench of Justice BR Gavai and Justice Vikram Nath made the remark after it was miffed by a case being listed before it by another Bench of Justice MR Shah and Justice CT Ravikumar.
The Bench led by Justice Gavai said that the Puisne judges cannot re-assign matters. It was only possible by the Chief Justice of India.
On February 27, the Bench of Justice Shah and Justice Ravikumar had ordered that the matter in question should be heard by Justice Gavai-led bench, as it was the bench of Justice Gavai and Justice Ravikumar who had last heard the matter, even though no effective order was passed on that date.
The present bench at the outset stated in its order, “It is a normal practice of this Court that the matter follows a judge who is part of the Bench which has passed an effective order.”
It is important to note that the only effective order in the case, was passed in September 2021 by a bench of Justices AM Khanwilkar and Ravikumar.
After the superannuation of Justice Khanwilkar,the matter was looked by the bench of which Justice Ravikumar was a part, as is the norm.
In September last year, it was listed before Justices Gavai and CT Ravikumar, but no order was passed.