India Legal News: Justice S.H. Kapadia Takes a Tough Stance with Advocates

On May 12, 2010, the sun rose as it always does and spread its rays over many peaks, high and low. In the Supreme Court, it marked a new dawn and a new beginning for the advocates and the judiciary. The unusual thing about that day was that the hustle and bustle among advocates was missing. There was an audible silence among them when they heard the words, “No more frivolous PILs.” The words came from the newly appointed Chief Justice of India, Sarosh Homi Kapadia, acclaimed nationwide for his no-nonsense approach to work.

India Legal News: SC Bench Headed by CJI Says “Costs would be imposed on Frivolous PILs”

Justice Kapadia started his first day in office as CJI, by sending by stating that the morning practice of mentioning matters will no longer be continued. This sent shock waves among advocates. While heading a three-judge bench, Justice Kapadia declared that every frivolous PIL (Public Interest Litigation) would be charged a penalty from May 13, 2010.  The same day, the CJI conducted hearings into 37 cases in a matter of just 29 minutes.

Justice Kapadia left advocates in a state of shock when he ordered that there would be no out of turn mentionings from here on. This meant that the procedural requirements will have to be followed by advocates even for simple adjournments. It is time consuming but it is the set procedure to follow.

The bench headed by the CJI that also comprised of Justice K. S. Radhakrishnan and Justice Swatanter Kumar ruled, “This is the first day, so we are not imposing costs. But from Thursday, costs would be imposed on such PILs."

The interesting bit is that many lawyers in the premises were reportedly asking whether the CJI’s court had started functioning yet. They were unable to believe when they were told that the CJI has already completed the day’s work.