After Allahabad Bar, Bengaluru lawyers oppose move to appoint retired High Court judges on ad hoc basis

The Advocates' Association, Bengaluru (AAB) has registered its objection to the Supreme Court Collegium's recent recommendation to have five retired judges appointed as ad hoc judges of the Allahabad High Court with a view to tackling mounting case pendency. .A February 11 representation in this regard has been addressed to Chief Justice of India (CJI) Surya Kant and Union Minister of State in-charge of Law and Justice Arjun Ram Meghwal. It states that the "sudden move" to appoint retired judges as ad hoc judges has surprised lawyers across India.The AAB clarified that it is not questioning the suitability of the five retired judges who were recommended for the task. Rather, the Association has argued that judicial vacancies should be filled through regular recruitment from a younger pool of eligible lawyers and judicial officers. "It is requested that the collegium must not resort to retired judges of high courts to fill up judicial vacancies and regular recruits must be picked from the huge reservoir of younger talent pool available both in the bar and the bench," the letter says. .The Association has also urged that such appointments must not grow into a trend across High Courts. Such an alternate form of filling judicial vacancies could come at a cost to talented young lawyers who have the potential to become judges, the letter adds."By resorting to retired judges to fill vacancies, we are reversing or putting to pause the recruitment of a new generation of judges. This is a loss to the nation's youth and we request that the Supreme Court revisit this decision and also request the Union of India to reconsider the decision of the Supreme Court to appoint retired judges to the Allahabad High Court. It is hoped that this must not become a trend across other High Courts in India, as it displaces capable and talented youth who could become great judges," it reads..Notably, the Allahabad High Court Bar Association (HCBA) has also addressed a representation opposing the move to appoint retired judges as ad hoc judges to the Allahabad High Court. The February 5 representation also raised concerns that the five judges selected appeared to have been picked out of the blue and that four of the five retired judges did not have a great track record when it came to the swift disposal of cases. “Appointing five judges from a pool of retired judges to fill up any vacancies in the High Court at Allahabad merely deprives eligible persons of the legal fraternity from being appointed to a sensitive constitutional post while the post is filled by a retired High Court judge whose innings in the system is already complete," the HCBA letter added. The said representation was addressed to President of India Droupadi Murmu, with copies marked to Meghwal and CJI Kant. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.