The normal listing process before the Supreme Court takes days or weeks. But law does not always wait for normal timelines, a demolition order may be scheduled for tomorrow morning, a person may be about to be deported, an auction may be about to be concluded, or a business may be about to be liquidated. In such circumstances, the urgent mention procedure enables a party to request immediate listing before the Supreme Court, bypassing the ordinary queue.
An urgent mention is an oral application made to the appropriate Supreme Court bench, typically the Chief Justice of India’s bench, at the commencement of the court’s sitting, requesting that a matter be listed urgently. It is not a formal filing; it is an oral request that the court should hear the matter as a matter of urgency. If the court accepts the urgency, it directs the Registry to list the matter, sometimes on the same day or within the next few days.
The urgent mention mechanism is grounded in the Supreme Court’s inherent power to regulate its own procedure and in the practical reality that irreversible harm sometimes requires immediate judicial intervention.
When Urgent Mention Is Appropriate
Courts apply a threshold of genuine irreparability, the harm that will result from the delay in ordinary listing must be:
1. Irreversible in nature:
- A demolition of a building or home scheduled to be executed imminently
- Forced deportation or extradition of a person
- Execution of a death sentence
- Destruction of evidence that cannot be recreated
- Auction or sale of a property that, once sold, cannot be undone
2. Time-specific:
- The threatening event has a specific date and time that will pass before the matter can be listed through the ordinary process
- A regulatory deadline that, once missed, creates permanent adverse consequences
3. Beyond compensation:
Mere financial loss, however large, that can be compensated in money damages at a later stage does not typically justify urgent mention. The harm must be of a nature that no subsequent court order can undo.
4. Not self-created urgency:
The court is alert to manufactured urgency, where the party seeking urgent listing has itself delayed in approaching the court and is now seeking emergency relief because of its own inaction. The court will take note of the date of the impugned order and the date of filing; a petitioner who filed an SLP six weeks after the HC order and then mentions urgently is likely to be questioned on the basis of urgency.
How to Mention: The Procedure
1. Timing: Mentions are made at the start of the court’s sitting day. The Supreme Court normally convenes at 10:30 AM. Urgently mentioning counsel (typically the AOR, or a counsel briefed by the AOR) must be present at court entry by 10:30 AM or when the board is called.
2. Who mentions: The mention is ordinarily made by the AOR or by arguing counsel briefed through an AOR. No mention can be made without an AOR being on record for the matter. If the matter has not yet been filed (the SLP has not yet been filed), the mention will be made before filing is complete, in such cases, the court will typically direct filing on the same day.
3. Which bench:
- During court term: Mentions for urgency are made before the bench of the Chief Justice of India, which typically sits in Court Room No. 1
- During vacation: Mentions are made before the vacation bench, a bench designated by the Chief Justice to hear urgent matters during the vacation. The vacation bench has limited jurisdiction and typically hears only genuine emergencies
4. Content of the mention: The mentioning counsel must be concise and specific. The bench’s attention is addressed briefly with:
- Name of the case and parties
- The High Court or tribunal whose order is being challenged
- The nature of the impugned order
- The specific act that is about to take place and by when
- The relief being sought urgently (typically a stay or an injunction)
- Why the matter cannot wait for ordinary listing
The mention should take no more than 1-2 minutes. The bench will typically ask one or two questions. Extended oral argument at the mention stage is not permitted and is likely to be cut short.
The Role of Supporting Documents
While the mention itself is oral, the mentioning counsel should have available:
- A copy of the impugned HC order (ideally the certified copy, though if not yet available, a court copy or an AOR-certified true copy may be presented)
- Any urgency notice or official letter specifying the date and time of the impending action
- The draft SLP or at minimum the grounds in brief (for the court to note the grounds being urged)
If the court grants an urgent hearing, it may ask to see these documents or may give ad interim protection pending the actual hearing.
Outcomes of an Urgent Mention
1. Immediate protection (ad interim stay): In genuine emergencies, particularly in cases involving demolitions, deportations, and death sentences, the court may pass a stay order or injunction at the mention stage itself, without even listing the matter for a full hearing. This ad interim protection preserves the status quo until the matter is heard.
2. Same-day or next-day listing: The court directs that the matter be listed on the board for the same day (after the ordinary board) or the following day. The court will hear the matter substantively on the listed date.
3. Direction to file urgently: The court asks the petitioner to file urgently and approach the mentioning bench or the appropriate bench the following day.
4. Rejection of mention: If the court does not find the urgency justified, it declines to advance the listing. The petitioner must then await ordinary listing. This outcome is not uncommon where the urgency threshold is not met.
Vacation Bench: Procedure During Vacations
The Supreme Court observes summer (May-June) and winter (December-January) vacations, as well as Dussehra and Holi breaks. During vacations, the vacation bench, typically comprising 1-3 judges designated by the CJI, handles only genuinely urgent matters.
The categories of matters that vacation benches can hear are limited by the CJI’s designation order. Typically: bail matters in criminal cases, habeas corpus petitions, stay of execution orders, urgent commercial matters where irreversible harm is imminent.
Mentioning before the vacation bench follows the same procedure as during the court term, except that the bench sits on designated days during the vacation period.
Common Mistakes in Urgent Mentions
- Insufficient specificity about the harm: “My client will suffer irreparable harm” is insufficient; “a court-appointed receiver is scheduled to sell the disputed property at public auction tomorrow at 12 PM” is sufficient.
- Absent AOR: A mention cannot be made without an AOR on record. If the matter is being freshly filed, the AOR must be present.
- No certified copy available: Mentioning without the certified copy of the impugned order is possible in genuine urgency, but the court will expect the copy to be filed promptly. Explaining why the certified copy has not yet been obtained is essential.
- Mentioning at the wrong bench: Urgent mentions go to the CJI’s bench (or the duty bench), not to the bench before which the matter may eventually be listed.
- Manufacturing urgency: If the petitioner has delayed in filing and the urgency is self-created, the court will note this and may decline the mention, or grant it with observations on the delay.
Key Takeaways
- Urgent mention is an oral application to the Chief Justice’s bench requesting that a matter be listed immediately, it is appropriate only where the harm is genuinely irreversible and time-specific, not merely where the loss is large or the matter is important.
- The mention must be made by or through an AOR who is on record; the oral presentation should be brief (1-2 minutes), factually specific about the impending harm, and focused on the relief being sought.
- Courts are alert to manufactured urgency created by a petitioner’s own delay; the credibility of an urgent mention depends heavily on the petitioner having filed promptly after the impugned HC order.
This article is for informational purposes only and does not constitute legal advice. Readers should seek appropriate professional counsel for their specific circumstances.
META TITLE: Urgent Mention Before Supreme Court India: Procedure Guide