Caste or creed of litigants should not be mentioned in memo of parties: Supreme Court

New Delhi: The Supreme Court has issued a general direction ordering that the caste or religion of litigants should not be mentioned in the memo of parties in any petition or proceeding filed before it, the high courts, or subordinate courts.

Hearing a transfer petition, a bench of Justices Hima Kohli and Ahsanuddin Amanullah noted with surprise that besides other details, the caste of both the parties was mentioned in the memo of parties.

The petitioner’s lawyer said that if the memo of parties as filed before the courts below is changed in any manner, the Registry raises an objection and in the present case, as the caste of both the parties was mentioned before the court below, he had no option but to mention their caste in the proceedings before the apex court.

At this, the court said: "We see no reason for mentioning the caste or religion of any litigant either before this court or the courts below. Such a practice is to be shunned and must be ceased forthwith."

It proceeded to pass an order directing its Registry that henceforth the caste or religion of parties will not be mentioned in the memo of parties, irrespective of whether any such details have been furnished before the courts below.

The Supreme Court also issued a direction to all the high courts to ensure that the caste or religion of a litigant does not appear in the memo of parties in any petition or suit or proceeding filed before them or the subordinate courts under their respective jurisdictions.

The apex court said that a copy of its order will be circulated to the Registrar Generals of all the High Courts for strict compliance and its directions will be brought to the notice of the members of the Bar for immediate compliance.