Many lawyers think that 1966 Supreme Court Rules have become outdated and obsolete. These were framed 46 Years Ago!

Time to time many practice directions and circulars are issued which are not found in the rules.

Fees of Supreme Court Advocate in Rules are obsolete (Rs.1100/-) -An impractical rule.

The Rule requiring that a convict has to surrender before his SLP is heard, is unconstitutional on face of Art.136 as per my view.

The invalid rule is obeyed and implemented because no one has challenged its constitutional validity.

Those who are sentenced to 3 months or one on month only, are also asked to surrender first. Women are also asked to first surrender.

A Court gets power to direct a convict to surrender only where an appeal is pending.

Before an appeal is admitted, Supreme Court does not get power to insist on surrender of a person who is seeking permission to appeal.

There are many other rules which are out of practicality and which needs a re-relook.

Haresh Raichura
18/9/2012

To get a matter dismissed in Supreme Court is also a challenge.

Once a Client came to me to get his matter dismissed!

About two or three matters were dismissed by Gujarat High Court by a common order.

One of the party, was getting some benefits even if his matter was dismissed.

So he did not want Supreme Court to entertain any petition of others.

He had heard that if his matter is dismissed by Supreme Court, then other two matters will also be routinely dismissed by Supreme Court.

So he wanted his matter to be dismissed at earliest.

Today, I may refuse to accept such brief. But those were my early days in Supreme Court.

Normally, to succeed in matter is hard.

It is easy to get a dismissal order.

Strange thing happened

I moved matter in urgency before three Judges.

I started with my weakest point.
“My Lords, my client has lost in all courts below….” and I left sentence incomplete and hoped that judges will pass dismissal order.

Three judges looked at one another, discussed some thing and granted me Stay Order!

I was shocked.

My client has paid me to get matter dismissed. But it did not happen! I failed.

Haresh Raichura
17/9/2012