3 months ago
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The High Court Bar Association (HCBA), Allahabad, has powerfully objected to the Supreme Court Collegium’s connection for advertisement hoc assignment of 5 retired judges to the HC of Judicature astatine Allahabad nether Article 224-A of the Constitution. Terming the determination arsenic “inexplicable”, the Bar said it has caused “widespread concern” wrong the ineligible fraternity of Uttar Pradesh.
In a missive written to the President of India connected February 5, which was made nationalist connected Thursday, the HCBA questioned the law validity of the move, arguing that Article 224-A envisages initiation of specified appointments by the Chief Justice of the acrophobic High Court with anterior consent of the President. The HCBA contended that the Supreme Court Collegium’s invocation of the proviso appears to beryllium contrary to the law scheme.
“… the chosen 5 retired judges look to person been picked retired of the bluish from amongst the excavation of retired judges unaccompanied by immoderate workout of choosing the champion from the disposable excavation of retired judges which would beryllium inherent successful immoderate workout of assignment to a law station nether Article 224-A of the Constitution of India,” the missive read.
The Bar besides stated that if the appointments were necessitated by delays successful recommending regular candidates and mounting lawsuit pendency, past penchant should person been fixed to retired judges with a proven grounds of swift and effectual disposal of cases.
It added that the full workout invoking Article 224-A appears to person been made without consulting stakeholders, particularly the Bar, and to circumvent regular appointments against existing vacancies, and would decision the intent of disposal of pending cases.
The SC Collegium, earlier this month, had approved a connection for the assignment of 5 retired judges – Justice Mohd. Faiz Alam Khan, Justice Mohd. Aslam, Justice Syed Aftab Husain Rizvi, Justice Renu Agarwal and Justice Jyotsna Sharma – arsenic ‘ad hoc judges’ of the Allahabad High Court for 2 years.
