New Delhi: A day after advocates stayed away from courts across Karnataka to protest the transfer and consequent resignation of Justice Jayant Patel of the high court, the Supreme Court on Thursday witnessed a showdown between a bench headed by Chief Justice Dipak Misra and a lawyer over mentioning of a matter relating to the collegium 's decision to transfer the judge to Allahabad high court.
The bench stopped the lawyer from mentioning the matter for urgent listing, saying it was made clear last month that only Advocates-on-Record (AoRs) could mention cases for out-of-turn listing.
The AoRs are the lawyers authorised by the apex court to file cases and pleadings before it. The apex court conducts examinations to designate a lawyer as an AoR. "You cannot mention this. You are not an AoR," the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, told advocate Mathews J Nedumpara.
Later talking to scribes outside the courtroom, the lawyer said he had filed a petition in the apex court seeking to declare as unconstitutional the collegium's decision to transfer Justice Patel.
On September 19, the courtroom of the CJI, where matters for out-of-turn hearing are mentioned, had witnessed noisy scenes after a lawyer had complained that while his senior colleagues were being allowed to mention such cases, junior members of the bar were denied the opportunity.
Justice Patel, who was the second senior-most judge in the Karnataka High Court had recently resigned after being transferred to Allahabad High Court. He was tipped to become the chief justice of Karnataka High Court after incumbent S N Mukherjee retires on October 9.
