1. With the start of virtual hearing in the Supreme Court, members have been rightly expecting that our case pending in the Supreme Court will also be heard and a favourable decision announced by the Court. We have also received calls from a number of persons seeking clarifications.
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2. At the outset, we would like to explain that the Court is not taking regular matters at this moment. First of all, fresh matters which could not be listed earlier due to lockdown are listed for directions. After the fresh matters are exhausted, matters belong to short categories which are ready for listing will be taken up. These matters will be taken up by way of video conferencing/tele-conferencing. Urgent matters can be taken up by the Court after a mention by the AOR through e-filing.
3. As you are aware, in our case, there are 43 writ petitions and three contempt petitions tagged together. All the petitioners have to be heard by the Court. On the other hand, the EPFO/Govt. will not be in favour of an early hearing. Further, all the petitioners may not be able to agree to video conferencing or attend the video conferencing as they are scattered all over India. This has another risk. We will not be knowing as to what happened in the Court, which advocate from our side spoke or appeared and what he argued. Then, there is problem of briefing the Senior advocate. Going by the previous track record, when the AG had submitted a blatant lie before the Court that the impact of implementation of R. C. Gupta’s judgment would be 15 lakh Rs. Crores, we cannot take a chance before the Virtual Court and argue through video conferencing.
4. We have also discussed with our AOR who is also not in favour of hearing before the Virtual Court. In these circumstances, we think that we should wait for the normal functioning of the Court and make a mention before the Court after regular hearing is resumed. This may take another couple of months but in view of the stakes involved, we have no other option.
Regards,
2. At the outset, we would like to explain that the Court is not taking regular matters at this moment. First of all, fresh matters which could not be listed earlier due to lockdown are listed for directions. After the fresh matters are exhausted, matters belong to short categories which are ready for listing will be taken up. These matters will be taken up by way of video conferencing/tele-conferencing. Urgent matters can be taken up by the Court after a mention by the AOR through e-filing.
3. As you are aware, in our case, there are 43 writ petitions and three contempt petitions tagged together. All the petitioners have to be heard by the Court. On the other hand, the EPFO/Govt. will not be in favour of an early hearing. Further, all the petitioners may not be able to agree to video conferencing or attend the video conferencing as they are scattered all over India. This has another risk. We will not be knowing as to what happened in the Court, which advocate from our side spoke or appeared and what he argued. Then, there is problem of briefing the Senior advocate. Going by the previous track record, when the AG had submitted a blatant lie before the Court that the impact of implementation of R. C. Gupta’s judgment would be 15 lakh Rs. Crores, we cannot take a chance before the Virtual Court and argue through video conferencing.
4. We have also discussed with our AOR who is also not in favour of hearing before the Virtual Court. In these circumstances, we think that we should wait for the normal functioning of the Court and make a mention before the Court after regular hearing is resumed. This may take another couple of months but in view of the stakes involved, we have no other option.
Regards,
Surjit Singh
Hon’ Legal Advisor, NCR
Gurmukh Singh
President, NCR
Hon’ Legal Advisor, NCR
Gurmukh Singh
President, NCR
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