In a significant move aimed at streamlining legal procedures, the Bombay Lawyers Association (BLA) has petitioned the Bombay High Court to address the inconsistent methods employed across different benches for the mentioning of cases. This process, crucial for securing early hearing dates for urgent matters, currently varies significantly, leading to inefficiencies and delays in the judicial system.
The BLA highlighted that after a petition is filed, lawyers are required to present a mentioning before the designated roster bench to plead for an expedited listing. The absence of a uniform system can result in significant waiting times—sometimes extending to weeks—before a case is even scheduled for a hearing.
During a session held on January 30, the plea was reviewed by a bench comprising Justice AS Gadkari and Justice Kamal Khata, who have scheduled the next hearing for February 27. The court noted a request from Mr. RS Datar, an advocate representing the High Court, who sought additional time to prepare a response.
Advocate Eknath Dhokale, representing the BLA, argued that the current variance in mentioning procedures infringes upon the fundamental right to access justice and violates principles of natural justice. The plea details how practices differ widely among judges—some allow oral mentions while others demand written requests or online submissions, and yet others require in-person submissions to court clerks.
This procedural inconsistency not only leads to delays but also results in arbitrary decision-making, thus denying litigants timely access to justice for urgent matters. In response, the BLA has proposed the adoption of an automated listing system that would automatically schedule all new filings for a hearing within four days, thereby eliminating the need for mentioning altogether.
The case saw appearances from Senior Advocate NS Nappinai along with Advocates Jamshed Mestry and Priyanka Kumar on behalf of the Bombay Lawyers Association, with Advocate RS Datar representing the High Court.
