Supreme Court bench disapproves another bench assigning a case; cases are to be assigned only by the CJI

On March 13, 2023, the Supreme Court of India observed the disapproval of, one bench assigning a case to the other bench. In the order delivered, the top Court highlighted the fact that it is an established practice of the Court that all the cases are to be assigned only by the Chief Justice of India. The main issue here was the order passed by a bench on February 27, comprising Justices CT Ravikumar and MR Shah directing to list of the case before the bench comprising Justice BR Gavai. This was not accepted by the bench led by Justice Gavai, “If the particular bench in particular situation finds that the matter be placed before another bench, the bench is required to direct the matter to be placed before the hon’ble the Chief Justice of India for obtaining appropriate orders.” In the present proceeding, the only effective order passed was by a bench comprising Justices CT Ravikumar and AM Khanwilkar (retired) to which Justice Gavai said that “Since an effective order has been passed by the bench of which Hon’ble Mr. Justice C.T. Ravikumar is a member, the matter should have followed the bench of which he is a member.” He further added, “In that view, we find it appropriate to direct the Registry to place the matter before the Hon’ble the Chief Justice of India for obtaining appropriate orders.”