If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma filed a petition in the High Court of Avanti several months ago concerning an employment-related dispute with his former company, “Innovate Solutions Pvt. Ltd.”. Initially, the case was listed in the daily cause lists for about a week, but the hearing could not take place as the case number was never reached. Consequently, it was moved to the monthly list. On one occasion when the case was called from the monthly list, Mr. Sharma’s advocate was present, but the legal representatives for the opposing party were absent. On subsequent dates, the case was called, but unfortunately, neither Mr. Sharma’s advocate nor the respondents’ advocates were present, leading to the case being passed over. Mr. Sharma’s advocate is now hesitant to specially “mention” the case for an early hearing since it is already in the monthly list. Mr. Sharma understands that courts are overburdened, especially with urgent employment matters, but he is concerned about the delays, which are compounded by the fact that the assigned judge’s schedule is often unpredictable. He is seeking legal guidance on how to proceed.

Advice in such cases

• Have a frank discussion with your advocate. Ask for a clear strategy on how and when they plan to get the matter heard. Inquire about their reasons for not wanting to mention the case for an urgent hearing.
• You can request your advocate to file a formal application for an early hearing, clearly stating the grounds of urgency. This is a more formal route than a simple oral mentioning.
• If you are not satisfied with the progress or the communication from your current advocate, you have the right to change your legal counsel. You would typically need to obtain a No Objection Certificate (NOC) from your current advocate to engage a new one.
• Maintain a detailed diary of all court dates, what transpired on each date, and all communications with your lawyer’s office. This helps in keeping track of the case’s progress.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The situation described is governed by procedural rules rather than substantive criminal or civil laws like the Bharatiya Nyaya Sanhita (BNS). The key legal principles and rules are:

• Article 226 of the Constitution of India: This is the foundational law that grants High Courts the power to issue writs. The power to hear a writ petition inherently includes the procedural aspects of listing and hearing the case.
• High Court Rules: Each High Court has its own set of rules of procedure that govern how cases are filed, listed, mentioned, and heard. These rules detail the process for daily lists, weekly lists, and monthly lists, and the procedure for making applications for urgent hearings.
• Right to Speedy Justice: While not a specific section, the Supreme Court of India has repeatedly held that the right to a speedy trial (and by extension, speedy disposal of cases) is a fundamental right implicit under Article 21 of the Constitution (Right to Life and Personal Liberty). Excessive and unexplained delays in hearing a case can be a violation of this right.

If you are the complainant

As the petitioner (complainant), you are the one driving the case forward. It is crucial to be proactive.

• Maintain Open Communication: Regularly follow up with your advocate or their clerk for updates on the case status. Do not wait for them to contact you.
• Provide Urgency Justification: Assist your lawyer by providing a clear, written note explaining why your case is urgent. Detail any financial hardship, ongoing violation of rights, or other pressing reasons that necessitate an early hearing.
• Consider a New Advocate: If your advocate is consistently unavailable, uncommunicative, or fails to appear in court without a valid reason, it is a serious issue. You must consider engaging a new lawyer who will be more diligent with your case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In this context, the petitioner is the victim of the alleged injustice for which the writ has been filed, and also a victim of procedural delays.

• Document the Impact: Keep a record of how the delay in the court proceedings is affecting you. This could be financial loss, mental anguish, or the continuation of the very problem you filed the case to solve. This documentation can be used to justify an urgent hearing.
• Stay Organized: Keep all your case papers, communication records, and notes in an organized file. This will be helpful whether you continue with your current lawyer or engage a new one.
• Understand the Process: While your lawyer handles the legalities, try to understand the basic court procedures. Knowing the difference between a daily list and a monthly list, or what “mentioning” entails, empowers you to have more effective conversations with your advocate.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In a matter concerning a writ petition filed in a High Court, the police have no role whatsoever in the listing, hearing, or procedural aspects of the case. The entire process is managed by the High Court’s administrative staff (the Registry) under the direction of the judiciary. Police involvement would only occur if the court issues a specific order requiring their assistance, which is irrelevant to the issue of case delays.

FAQs people normally have

• What does “mentioning” a case mean?
  Mentioning is the process where an advocate makes a special oral request before the judge, usually at the beginning of the court session, to list a case for an urgent hearing out of its turn. The advocate must briefly state the urgency to convince the judge.
• Why would my lawyer be hesitant to mention the case?
  There could be several reasons. The advocate might feel the case is not “urgent” enough compared to others and a failed mentioning could annoy the judge. Some judges have specific protocols and discourage frequent mentioning. It could also be a strategic decision, or unfortunately, a sign of inaction.
• Can I fire my lawyer and hire a new one?
  Yes. You are the litigant and have the right to choose your legal representative. To do so, you will need to get a No Objection Certificate (NOC) or “Vakalatnama” back from your current advocate. If they refuse, your new lawyer can file an application in court to be taken on record.
• What is the difference between a Daily and Monthly List?
  The Daily Cause List contains cases scheduled for hearing on a specific day. These are typically high-priority matters. If a case is not reached, it may be relisted or, if it lacks urgency, pushed to a Monthly List, which is a larger pool of cases that are heard as and when the court finds time after dealing with the daily list. Getting a hearing from the monthly list is often slower.

What evidence is required?

To get a case heard urgently, you don’t need “evidence” in the way you would for a trial. Instead, you need to provide a strong “justification” for the urgency. This is done through an application for early hearing, drafted by your lawyer. The “evidence” to support this application would be documents that prove the urgency. For example:

• If facing financial ruin, you might attach bank statements or eviction notices.
• If there is a deadline for a particular benefit or action, you would attach the official communication showing that date.
• If your health is deteriorating due to the issue, a medical certificate could be annexed.

The primary document is the application itself, which logically and persuasively argues why the court should grant your case priority over thousands of others.

How long will the investigation take?

An “investigation” is a term used for police inquiries in criminal cases. For a court case, the more appropriate question is, “How long will it take for my case to be decided?” There is no fixed timeline. The duration of a High Court case depends on numerous factors:

• The workload of the specific court and the availability of the judge.
• The complexity of the legal issues involved in your petition.
• The level of cooperation from the opposing party. If they use delaying tactics, the case will take longer.
• The efficiency and proactiveness of your own advocate in pushing the matter for hearing.

While an urgent application can expedite the first hearing, the final disposal of the case can still take anywhere from a few months to several years.

Advocate Sudhir Rao, Supreme Court of India