CJI Letter Petitioned on mention of Caste in HC Cause List

Supreme Court- CJI SA Bobde, pic by: Gujarat Exclusive

27 Apr 2020

Categories: Latest News

Offended by the practice of mentioning Caste of a party in the 'Cause Title', an Advocate on Record has written a letter to the CJI SA Bobde asserting it the 'extremely disturbing practice'

The petitioner has contended that mentioning Caste of a party in the Cause Title doesn't behove upholding the constitutional fundamental Right to Equality.

Advocate Amit Pai, in his letter to CJI has brought attention to the recent case of a Lawyer appearing in a vest during the video conference proceedings. While adjourning the proceedings for the lapse in proper attire, he pointed out that the Caste of the party in that case was mentioned in the cause title to the High Court order.

He wrote:

"There was an incident of an advocate appearing by video conference before the Hon’ble Rajasthan High Court, Jaipur Bench, dressed inappropriately. While that may be disturbing, it is more disturbing to note that the cause title of the case reads 'Lalaram S/o Shyojiram, By Caste Gurjar v. State of Rajasthan."

It was further in the letter that he has practiced in the High Court of Rajasthan and that during that period of his work he dealt with petitions which sought leave to appeal from a few High Courts.

Pai was of the opinion that in these cases the caste or religion (of parties) was mentioned on affidavits or the memo of parties which particularly he found disturbing and offensive.

He termed the practice as contrary to the 'Principle of Equality.'

In this regard, the letter further read:

"Right from the history of the drafting of our Constitution, to the judgments of this Hon’ble Court and the Hon’ble High Courts, and also the learning in law school, we are taught that the principle of equality is most fundamental and that caste has no place in our system of law and the Constitution."

He thus informed the CJI that such practice of mentioning of the Caste/Religion of Litigants,"has absolutely no place in the administration of justice by the rule of law."

Showing displeasure over the same, he mentioned in the letter:

Such a practice of mentioning caste/religion was an "expression of the deep-rooted prejudice that still exists in society, 70 years after 'We, the people of India' “gave to ourselves the Constitution”.