Saturday, 9 December 2023

Bench Fixing in Supreme Court of India

 The bench fixing in the Supreme Court of India is an ongoing issue. In 2019 we faced the same problem. We made the issue public for a larger debate. Read Press-Release below:

"The division bench comprising of Hon'ble Mr. Justice Arun Mishra and Hon'ble Mr. Justice M.R. Shah of the Supreme Court (SC) today i.e. 22 July, 2019 dismissed the Special Leave Petition challenging the Delhi High Court judgement dated 07.01.2019 which had upheld the constitutional validity of the Delhi Rent Control Act, 1958. As the Petitioner (and losing one) it is imperative to point out that the SC did not go into the merits of the case today.


What transpired in the Supreme Court today:
The court at the very outset – even before the petitioner-in-person could utter a word – said “dismissed”! Still the petitioner pointed out that a similar petition challenging the The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is already admitted by the court. Justice Mishra responded that we have already dismissed a petition from the same order (of the Delhi High Court dated 07.01.2019) and “we have to be consistent”. It is pertinent to mention here that as per the Supreme Court current roster, petitions under Rent Acts are not supposed to go before the bench headed by Justice Mishra!! The pre-existing bias in the minds of the judges ensured that the petitioner did not get a fair hearing

The struggle of owners will continue with renewed efforts and we will now oppose the draft Model Tenancy Act, 2019 (till it includes old tenancies in its ambit) both inside and outside the Parliament.

Shobha Aggarwal
Petitioner-in-person & President (CRDRCA)


Read the SLP here:
https://drive.google.com/file/d/1Cj9RNooTu2dzO-ZGQZFKFWAqUWmvriiB/view?usp=sharing"

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