Checklist for Scrutiny Assistants at Supreme Court Filing Counter

The Supreme Court of India’s registry plays a pivotal role in ensuring that all petitions, appeals, and applications filed comply with the procedural requirements outlined in the Supreme Court Rules, 2013.

The Checklist for Scrutiny Assistants at Filing Counter is a mandatory tool used by registry officials to verify the completeness and correctness of filings.

This article provides a comprehensive guide to the checklist for informational purposes, helping advocates and litigants understand the scrutiny process and ensure compliance.

Mandatory Points to be Checked by the Registry

The checklist outlines critical procedural requirements that must be verified by scrutiny assistants at the Supreme Court’s filing counter. Below are the key points:

  1. Court Fee:

    • Confirm whether the prescribed court fee has been paid as per the Supreme Court Rules, 2013.

  2. Signatures:

    • Verify that the original petition and applications bear the signatures of the Advocate on Record (AOR) or the party in person.

  3. Cause Title and Party Details:

    • Check if the addresses of the parties and their representation are complete and properly set out, including a detailed cause title as per the impugned judgment.

    • Ensure the cause title of the petition matches the impugned judgment and names of parties therein.

    • Confirm that the proper department and address of the Union of India or State Government for serving notices are specified.

    • If a party from the lower court has died, verify the filing of applications for:

      • Bringing Legal Representatives (LRs) on record.

      • Condonation of delay in seeking substitution.

      • Setting aside abatement, with details of the date of death, relationship, age, addresses, affidavit, and court fee.

    • Ensure mobile phone numbers and email addresses of parties are included in the Vakalatnama and cause title.

  4. Affidavit:

    • Confirm the filing of a properly attested and identified affidavit from the petitioner, authorized person, or Pairokar (in criminal matters) in support of the petition, appeal, or application.

  5. Vernacular Documents:

    • If vernacular documents or portions are included without translations, check for an application for exemption from filing an official translation, accompanied by an affidavit and court fee.

  6. Statement on Prior Petitions:

    • Verify that the petition includes a statement as per Order XXI/XXII of the Supreme Court Rules, indicating whether any prior petition was filed against the impugned order/judgment and its outcome.

  7. Vakalatnama and Representation:

    • Confirm that the Vakalatnama is duly executed by the petitioner(s) and accepted by the AOR, with a Memo of Appearance filed.

    • If a petitioner is represented through a power of attorney, ensure the power of attorney (in English or translated) and an application for permission to appear before the court are filed.

    • For writ petitions filed by a registered body, verify the filing of the Registration Certificate and proof of authority for the person filing the petition.

  8. Petitioner in Person:

    • If the petitioner appears in person, check for an application seeking permission to argue in person, stating reasons for not engaging an advocate and willingness to accept a court-appointed advocate.

  9. Surrender in Criminal Matters:

    • In cases involving imprisonment, confirm that the petitioner has stated whether they have surrendered or filed an application for exemption from surrendering.

    • Verify proof of surrender, such as a certified copy of the court order or a certificate from a competent jail authority.

    • In undertrial cases, ensure an application for exemption from filing separate proof of surrender is included if the Vakalatnama is not attested by the jail authority for all petitioners.

  10. Public Interest Litigation (PIL):

    • Confirm that the petitioner has filed an affidavit stating there is no personal gain, private motive, or oblique reason for filing the PIL.

  11. Listing Proforma:

    • Ensure columns 6 and 7 of the Listing Proforma are duly filled in.

  12. Document Formatting:

    • Verify that the contents of the petition, applications, and accompanying documents are clear, legible, typed in double space, and printed on one side of the paper.

  13. Condonation of Delay:

    • If the petition is time-barred, confirm the filing of an application for condonation of delay, specifying the number of days delayed, along with an affidavit and court fee.

  14. Appendix of Legal Provisions:

    • Ensure the English version of relevant provisions (Constitution, statutes, ordinances, rules, regulations, bye-laws, orders, etc.) referred to in the impugned judgment/order is filed as an Appendix to the Special Leave Petition.

  15. Identical Matters:

    • Verify that complete particulars of any identical matters pending or disposed of by the Supreme Court are provided.

  16. Statement Under Order XIX:

    • Confirm that the petition includes a statement as per Order XIX, Rule 3(1) of the Supreme Court Rules, 2013.

  17. Consumer Protection Appeals:

    • In appeals under the Consumer Protection Act, 1986 (Section 23) or 2019 (Section 67), verify that a bank draft of Rs. 50,000/- or 50% of the amount (whichever is less) has been deposited, as required by the National Consumer Disputes Redressal Commission (NCDRC) order.

Certification by Scrutiny Officer

The scrutiny officer or official must sign the checklist, providing their name and the date of verification to confirm that all mandatory points have been checked.

Importance of the Checklist

The Checklist for Scrutiny Assistants ensures that filings are procedurally sound, complete, and compliant with the Supreme Court Rules, 2013. This rigorous scrutiny prevents delays, rejections, or procedural defects, enabling the court to focus on the merits of the case. Advocates and parties in person must meticulously prepare their filings to meet these requirements.

Practical Tips for Compliance

  • Pre-Submission Review: Cross-check all documents against the checklist before submission to avoid objections from the registry.

  • Complete Documentation: Ensure all required affidavits, certificates, and applications (e.g., condonation of delay, exemption from surrender) are included.

  • Accurate Cause Title: Verify that the cause title aligns with the impugned judgment and includes all necessary party details.

  • Formatting Standards: Adhere to the court’s formatting guidelines, such as double-spaced typing and legible documents.

  • Stay Informed: Regularly check the Supreme Court website (www.sci.gov.in) for updates to filing procedures or rules.

Conclusion

The Checklist for Scrutiny Assistants at the Supreme Court Filing Counter is a critical tool for maintaining the integrity of the filing process.

By ensuring compliance with these mandatory points, advocates and litigants can facilitate smooth processing of their petitions and appeals. For further assistance, contact the Supreme Court registry