Chhattisgarh High Court Issues Guidelines on Case Filing and Urgent Listing after Advocate’s Misconduct

December 14, 2001 : The Chhattisgarh High Court has issued a set of comprehensive guidelines to regulate case filing and the process of urgent listing following an incident involving an advocate’s inappropriate remarks in a court slip. The order, delivered by the High Court at Bilaspur, arose from a matter concerning the professional conduct of Advocate V.G. Tamaskar, who had made improper submissions while seeking urgent listing of a case.

The controversy began when Shri Tamaskar submitted a court slip with remarks in red ink, requesting either urgent consideration or a written rejection for record purposes. The language used in the slip prompted the Court to take note of the issue and register the matter. During the hearing, it was revealed that Shri Tamaskar had also filed a confidential letter written by another advocate, Shri Raj Kamal Singh, to the Registrar (Judicial), without explaining how the document came into his possession.

The Court observed that the confidential letter, meant for administrative attention, had been improperly filed in a judicial proceeding. It also noted that the letter discussed the difficulties faced by advocates in getting their cases listed and criticized the prevalent use of “court slips” as a means of seeking urgent hearings. The Bench, while acknowledging the broader concerns raised, emphasized that such special mentions are privileges reserved for genuine emergencies and must not be misused.

During the proceedings, Shri Tamaskar appeared in person and tendered an unconditional apology for his conduct. The Advocate General of Chhattisgarh, Shri Ravindra Shrivastava, and Deputy Advocate General Dr. N.K. Shukla supported the apology, noting that it was sincere and borne out of realization. The Court accepted the apology but advised the advocate to exercise greater caution in the future.

Taking the opportunity to address systemic issues in filing and listing practices, the Court issued a series of binding directions aimed at improving procedural discipline and transparency. These include mandatory certification by advocates that their filings comply with High Court Rules, verification of documents, clear mention of limitation periods, and proper service of advance copies in government cases. The order also specifies that special mention applications must be filed with full details and only in cases of genuine urgency, supported by affidavits.

In addition, the Court instructed the Registry to ensure that cases are processed efficiently and listed in an orderly manner, with special mention cases to appear in the cause list for the next working day based on bench availability. The order also reinforces the need for proper documentation in bail matters, appeals, and revisions, and refers to the Supreme Court ruling in J.R. Parashar v. Prashant Bhushan (2001) for handling clerical defaults.

Finally, the Court directed that the confidential letter written by Shri Raj Kamal Singh be registered separately on the judicial side and issued notices to both advocates—Tamaskar and Singh—to explain how the letter, marked confidential, was shared and filed. Shri Singh has been asked to submit an affidavit with case details and relevant orders to assist the Court in taking any necessary remedial action.

Through this order, the High Court has not only addressed individual misconduct but also taken a significant step toward streamlining filing procedures and restoring decorum in court communications.

Case Details : M.C.C. No. 48 of 2001, In Re: V.G. Tamaskar, Advocate

Counsels: For Appellant/Petitioner/Plaintiff: Party-in-person. For State: Ravindra Srivastava, Adv. General and N.K. Shukla, Dy. Advocate General