"We want to lay down circumstances in which ad hoc judges appointment has to be initiated:" Supreme Court [LIVE UPDATES]

A Special Bench of the Supreme Court led by CJI SA Bobde is hearing a plea filed by NGO Lok Prahari seeking the appointment of Ad Hoc Judges to High Courts..Live updates of the hearing today feature here. .CJI: Mr Suri, What is the progress ? .ASG Suri: htand of centre is not adversarial.CJI: Can you show any provision to prove that ad hoc judges cannot be appointed till regular vacancies are filled in? .Justice Sanjay Kishan Kaul: Is there anything to show that whether Article 224A was resorted to while judicial regular vacancies were remaining .ASG Suri: If regular appointments are made and it's full, then ad hoc judges may not be required..Justice Kaul: Ad Hoc judges is something which Chief Justice thought that may help High courts while regular vacancies are being filled. This is so that that delay does not take place .Suri: Various steps have to be taken while ad hoc judges have to be appointed.Suri: These are the steps - Chief Justice of High Court, with the consent of president, requests any person who has been a judge of that High Court. Then, the Chief Justice of that Court can appoint such retired such and communicate it to the CM. The CM in consultation with Union of Ministers send the name to the Centre.CJI: Your voice is breaking. Please furnish this on an affidavit without fail .Suri: It's ready. We will file it .Senior Advocate Datar: Para 24 of Memorandum of Procedure deals with appointment of ad hoc judges. For Ad Hoc judges, it should not be the same process of regular judges.CJI: No, the file can reach President until it goes through Ministry and the ministry will receive recommendations from Supreme Court collegium. The process can be simplified, but no other way can be appointed..Datar: If someone is appointed as ad Hoc judge judge for one or two years then they don't have to go through the entire rigmarole. .CJI: We understand the importance of collegium. The Ministry employs the IB to check the antecedents. That purpose doesn't require scrutiny by Ministry.CJI: Character and suitability is what is looked into. I agree that he has already served as a judge. But his continued fitness has to be judged and someone needs to look into this. How can, without this, President give his assent?.CJI: Salaries and allowances can be from consolidated fund of India. Then no burden on State or Central exchequer. Their salaries like other judges will also come from consolidated fund from India..CJI: Question is not of salary but allowances. That president will only look into. .Senior Advocate Ravindra Srivastava: High Court of Madhya Pradesh is in favour of referring to Article 224A and appointing ad hoc judges. Especially during mounting pendency..Srivastava: There is no concept of salary but President will only look into allowances. He has only be asked to address an emergent situations..CJI: We want to lay down the circumstances in which ad hoc judges appointment has to be initiated. If the pendency in a High Court of a specific branch like criminal appeal etc increases beyond a certain point then they can be appointed..CJI: The average rate of disposal needs to be scientifically ascertained. when the pendency falls below the average rate then ad hoc judges can be appointed..CJI: Current matters can go before regular benches and very old matters can go before ad hoc judges..CJI: Pendency needs to be examined. If the area goes into red then ad Hoc judges can be appointed. This pendency needs to be looked at branch wise or subject wise. Once we have the bench mark the process needs to be figured out. Panel of former judges can be drawn up.CJI: Tenure of the ad hoc judges will be dependent on the rate of disposal. Criminal appeals, death sentences, second appeal with evidences take longer. Rate of disposal is accordingly determined. Thus he can be in that case appointed for a longer tenure..CJI: There is a natural deadline deadline for this case. If you furnish the affidavit by next Wednesday. We can wrap up the hearing on Thursday and pass orders..Senior Advocate R Basant: Remedy cannot be worse than the malady. These calculations will be very cumbersome. Disposal and filings will take time. Pendency could be just gauged whether its falling below five or ten percent. It can be a trigger.CJI: A court may not have vacancies but the pendency is a lot. Then should not the Chief Justice appoint ad hoc judges there? .Basant: They can. But under Article 224A there is no concept of ad Hoc judges. 224A was there originally as 224 and then ad Hoc judges was removed.CJI: If number of vacancies fall below a certain percentage and when pendency increases then CJ should appoint ad hoc judges. The process will not be rigid .Basant: Will it not be incorrect to curtail the decision making power of the Chief Justice?.CJI: Please don't make vague statements. How are we curtailing the discretion? .Basant: It is not intended at all under Article 224A. The discretion is entirely with the Chief Justice of High Court. To involve Centre, etc was not the aim of 224A at all..Senior Advocate Vikas Singh: After retiring judges get into arbitration etc so how can ad hoc judges accept appointment without allowance. Secondly, Chief Justice can only suggest ad hoc judges name after making recommendation for all the vacancies..CJI: Yes, this is to say we will not stop recommending regular judges. .Singh: Supreme Court collegium definitely has to be kept in loop.CJI: Discretion of the Chief Justice of the High Court has to be respected. There may be hundreds of cases on a single point of law and they can be disposed off by deciding any one case..CJI: In the next case some names are pending after the collegium recommended them. Please let us know the status (to ASG Suri) .Lawyer: Attorney General had circulated a letter for adjournment.Matter to be heard next Thursday .CJI: We will hear this case next Thursday. Bye Bye

"We want to lay down circumstances in which ad hoc judges appointment has to be initiated:" Supreme Court [LIVE UPDATES]

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