Top StoriesUnbridled Power Of Chief Justice As The Master Of Roster A Matter Of Concern: Mukul Rohatgi Agrees With Kapil Sibal Mehal Jain22 Dec 2020 8:33 AMShare This – xIn so far as the unbridled power of the Chief Justices of the Supreme Court and the High Courts as the Master of the Roster is concerned, Senior Advocates Kapil SIbal and Mukul Rohatgi, on Tuesday, both concurred that it is a matter of concern.They were addressing the virtual audience at a panel discussion organised on the topic “Personal Freedom and Judiciary” as part of the book launch of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn so far as the unbridled power of the Chief Justices of the Supreme Court and the High Courts as the Master of the Roster is concerned, Senior Advocates Kapil SIbal and Mukul Rohatgi, on Tuesday, both concurred that it is a matter of concern.They were addressing the virtual audience at a panel discussion organised on the topic “Personal Freedom and Judiciary” as part of the book launch of “In pursuit of Justice: An autobiography” by late Justice Rajinder Sachar.”A part of the problem is the master of the roster. Justice Rajinder Sachar also mentions in his book that it is one of the real problems facing the judiciary. I have been raising this as a problem for several years now”, began Mr. SIbal.He proceeded to point out how it is the master of the roster who determines whether a matter will be heard during vacation or whether a matter which needs urgent hearing will not be taken up immediately. “There is no system to determine when and how a particular matter will be heard. It is all left to the registry which operates at the directions from the Chief Justice of the High Court or of the Supreme Court”, he commented, adding that this is a “flaw in the system” which has to be corrected.However, he asserted that judges ought to be made of “sterner stuff” to be able to hold their own against pressure from the Executive. “But ultimately, justice is delivered by human beings. The judges have to be made of sterner stuff. We must not talk of the pressure of the Executive, but we must speak of the people who are charged with the duty of upholding the Constitution. It is these people who have taken the oath to uphold the Constitution and who are sitting in the institution. If love jihad is bad, it must be dealt with, if CAA is bad, it must be dealt with, if detentions are bad, they must be dealt with! We must blame those sitting in this institution of the judiciary if they are unable to perform instead of blaming the Executive. We must ask of these people sitting in the institution as to why these issues have not been dealt with!”, he urged.Mr. Rohatgi, in his turn, stated that he agreed with Mr. Sibal.”The master of the roster is an unbridled power – which matter will be heard first, which will be heard later, how the benches will hear the matters. This power needs to be streamlined, rules need to be laid down. There was a huge problem on this account 2-3 years back, Justice (Madan ) Lokur was at the helm of the affairs back then (the press conference hosted by Justices J. Chelamsewar, Ranjan Gogoi, Lokur and Kurien Joseph in 2018, raising concerns regarding the exercise of his administrative powers by the then-CJ Dipak Misra)”, he said.However, he continued to defend the judiciary, indicating how it is overwhelmed by the sheer volume of litigation.”The court is swamped by the number of appeals. There are a variety of reasons- The court itself has opened its doors much wider than the Constitution intended. Everything from the High Court must go to the Supreme Court now. If you have 30 judges in a population of 1 billion+, it can’t work this way. This is not the rule of the court! The Supreme Court has now become the super-appellate court. It is the apex court which is sitting over every High Court and also every tribunal. This is again not the intent of the Constitution to have so many tribunals in direct appeal to the Supreme Court”, he explained.”In a country of this size, there are cases galore, with more than 50% of the litigation coming from the government, banks and PSUs. When you have so much stuff on your head, how can you handle everything. Some are saying that the system has collapsed, some are saying that it is collapsing”, he continued.”Lawyers like Mr. Sibal and myself are also to be blamed – the kind of cases that come to us, sometimes we are also overawed by the numbers and figures involved and we go running to the Chief Justice, who is the master of the roster, to say please hear this tomorrow, otherwise this will happen or that will happen, 10,000 crores will do go down the drain, 5000 jobs will be lost! After all, everybody is only human! And that is why these cases get priority at times”, he remarked.[Watch Discussion]Next Story
ROOTS:You’d have to have been locked away in an Ivory Tower to miss that bakery is cool. Greggs is keen to tap into this resurgence and stress its bakery roots. For this reason, the company launched its Greggs the Bakery format in 2012. New chief executive Whiteside seemed pleased with the format when he spoke to analysts and the press. However, he was also keen to suggest the format would not work in every location. Concentrating on its artisanal heritage, the brand features additional ranges, including a £9.99 giant cupcake that has been a popular seller.PROFITS:Greggs might be delivering record sales, but in 2012 it saw its pre-tax profit slip by 2.2% to £51.9m. Should the City be concerned by this? Perhaps. But the City is also sure of one thing when it comes to Greggs – the bakery retailer is ruthless when it comes to finding efficiencies. It delivered on savings of £10m two years earlier than a self-imposed 2012 deadline, thanks to the introduction of new bakeries. Now the company has set another target of saving £15m by 2014. It has also added to its team with the addition of Gavin Kirk, who joined from Mars UK in May 2012, as operational supply chain director, who will also be able to locate savings and, with the stewardship of finance director Richard Hutton, the company is in good hands. So, the charismatic boss of Greggs, Ken McMeikan, has finally moved on. The kings is dead, long live the king.GONE: iconic chief executive Ken McMeikan has moved onAnd it was left to his replacement, former non-executive director of the bakery retailer, Roger Whiteside, to take up arms with reporters and City analysts at the launch of the company’s 2012 results.Unfortunately for him, they were regarded by some as not that good, with one City analyst labelling them as “unsurprisingly disappointing”.Fortunately for Greggs, however, Whiteside handled himself with aplomb, vastly experienced as he is in dealing with the press and the machinations of the City. He also pointed out he has been part of the team that has shaped the Greggs plan, so 2012 would definitely not be the “new normal” for the company.Here British Baker looks at the strategy of the retailer and its plans for 2013:STORES:One thing is for certain: Greggs will not open as many stores this year. The baker says it will revert to a more “normal” level of openings in the year ahead, planning, instead, between 50-60. This decision makes sense in the current economic climate. Too many retailers have ploughed ahead with new openings to their peril – Game and HMV, although not bakery, were guilty of this.SALES:2012 was actually a record year for sales at Greggs, increasing as they did by 4.8% to £735m. However, much of this growth was, by the company’s own admission, driven by newly opened shops and what it described as “the rapid expansion of our new wholesale business”.CHANNELS:While the majority of Greggs’ business is high street-based, the retailer has diversified of late. First was its foray into motorway service stations and, more recently, the introduction of its wholesale range. This has worked well for the company and it is set to invest £30m for a new bakery in the Midlands to cater for this business channel.REVAMPS:First it was the turn of Greggs Moment to impress, when it was launched in late 2011. With the bowler hat-shaped light shades and its muted tones, Moment marked a radical departure for Greggs. Since its launch, Greggs has employed Tony Rowson, formerly a senior executive at Costa Coffee, to look at the brand’s potential for a UK roll-out. The company has said it will open three more before deciding on its “potential”.