After the controversial Rajasthan HC’s order stating the bail applicants’ cast in cause title to the order, the Court’s Registrar General has issued a direction against mentioning a person’s caste in judicial orders or in administrative matters.
The notification issued earlier stated that it was observed that the
“caste of accused and other persons is being incorporated by the officers/ officials of Registry of the Court and Presiding Officers of Subordinate Courts/ Special Courts/ Tribunals in judicial and administrative matters.”
The same was against the spirit of the Constitution of India and contrary to a July 2018 ruling of the Rajasthan High Court.
The Registrar General further instructed in the notice,
“…it is enjoined upon all concerned to ensure that caste of any person including accused is not incorporated in any judicial or administrative matter.”
The lawyer on the behalf of bail applicant had appeared in banyan and Taking critical note of the lapse in courtroom decorum, the single judge opted to adjourn the hearings with caution of improper attire by the lawyer.
The adjournment order passed in this regard, however, also mentioned the caste of the bail applicant in the cause title, drawing criticism from various quarters. Advocate Amit Pai, also wrote to the Supreme Court Chief Justice raising concern over the deep-rooted prejudices.
Advocate Pai had further indicated in his letter that this was not an isolated incident. He also recounted that during a brief stint at the Rajasthan High Court, he had come across a number of cases where the “caste or religion (of parties) was mentioned on affidavits or the memo of parties”, adding that this was “to say the least, extremely disturbing.”
Read Notice here:
