A petition has been filed in the Supreme Court bringing to light the issues arising out of the non-appointment of judges to the Karnataka High Court..Filed by former Karnataka State Bar Council President PP Hegde, the petition points out that the Karnataka High Court has been functioning at less than half of its sanctioned strength. There are currently 37 vacancies at the High Court, as against a sanctioned strength of 62..The matter came up for hearing yesterday before a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud. The Bench stated that the issue was being looked into, before proceeding to adjourn the matter for twelve weeks..The petition states,.“The non-filling of vacancies directly infringes the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of the litigants at large, and also causing obstruction in the exercise of the fundamental rights guaranteed under Article 226 and 227 of the Constitution.”.It further states that the President and the Supreme Court and High Court Collegiums have an obligation under Article 217 to appoint judges. Moreover, despite there being more than 60% vacancies in the High Court, the provision of Article 224 – which calls for appointment of judges on an ad hoc basis – is not being invoked..As a result of the non-appointment of judges, the petition states, pendency at the High Court is on the rise..“Civil appeals involving property rights, commercial transactions, litigation dealing with personal laws are languishing in the High Court for several years. Even Arbitration matters are a casualty of delays. Several criminal appeals are pending, and the right of appeal of several accused persons is being directly affected…”.Reference is also made to the Supreme Court’s judgment in Subhash Sharma v. Union of India, in which it was stated that the appointment process should be initiated by the Chief Justice of the High Court six months before a vacancy arises. The petition has prayed for a direction to ensure that this mechanism is strictly followed..The issue of vacancies at the Karnataka High Court has been harped upon for a while now. Last month, lawyers in the state resolved to go on strike indefinitely should the problem not be addressed by December..A similar petition has been filed in the Karnataka High Court, by former High Court judge Justice AN Venugopala Gowda. That matter is listed to be heard tomorrow..Read the petition filed in the Supreme Court:
A petition has been filed in the Supreme Court bringing to light the issues arising out of the non-appointment of judges to the Karnataka High Court..Filed by former Karnataka State Bar Council President PP Hegde, the petition points out that the Karnataka High Court has been functioning at less than half of its sanctioned strength. There are currently 37 vacancies at the High Court, as against a sanctioned strength of 62..The matter came up for hearing yesterday before a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud. The Bench stated that the issue was being looked into, before proceeding to adjourn the matter for twelve weeks..The petition states,.“The non-filling of vacancies directly infringes the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of the litigants at large, and also causing obstruction in the exercise of the fundamental rights guaranteed under Article 226 and 227 of the Constitution.”.It further states that the President and the Supreme Court and High Court Collegiums have an obligation under Article 217 to appoint judges. Moreover, despite there being more than 60% vacancies in the High Court, the provision of Article 224 – which calls for appointment of judges on an ad hoc basis – is not being invoked..As a result of the non-appointment of judges, the petition states, pendency at the High Court is on the rise..“Civil appeals involving property rights, commercial transactions, litigation dealing with personal laws are languishing in the High Court for several years. Even Arbitration matters are a casualty of delays. Several criminal appeals are pending, and the right of appeal of several accused persons is being directly affected…”.Reference is also made to the Supreme Court’s judgment in Subhash Sharma v. Union of India, in which it was stated that the appointment process should be initiated by the Chief Justice of the High Court six months before a vacancy arises. The petition has prayed for a direction to ensure that this mechanism is strictly followed..The issue of vacancies at the Karnataka High Court has been harped upon for a while now. Last month, lawyers in the state resolved to go on strike indefinitely should the problem not be addressed by December..A similar petition has been filed in the Karnataka High Court, by former High Court judge Justice AN Venugopala Gowda. That matter is listed to be heard tomorrow..Read the petition filed in the Supreme Court:
