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Some accusations against the judges are “surprisingly false”, says the Supreme Court | India News


NEW DELHI: The Supreme Court said Thursday that some of the accusations made against the judges are so shockingly false that had there been no security in office, they could have easily been dropped.
The superior court favored a fixed tenure of two or more years for ad-hoc judges if they are appointed to superior courts to reduce the backlog of pending cases.
A special court headed by Chief Justice SA Bobde said: The post of judge must be secured. I tell you that we have seen accusations against judges that are shockingly false. Yes, some of them are surprisingly fake. You can easily knock out a judge if there is no security. There must be security in the position of the ad-hoc judges.
A court, also made up of judges Sanjay Kishan Kaul and Surya Kant, who was hearing arguments on the modalities of appointment of ad-hoc judges, reserved the verdict on a statement presented by the NGO Lok Prahari requesting the appointment of additional judges in the superior courts pursuant to section 224A. of the Constitution in order to reduce the processing of cases.
Article 224-A of the Constitution says that the President of the Supreme Court of any State may, at any time, with the prior consent of the President, request any person who has held the position of Judge of that Court or of any other High Court. Court to act and act as a Judge of the Superior Court of that State.
Judge Kaul said he agrees with the views of the CJI, as every time a judge is appointed, frivolous complaints are filed and the court cannot call into question the entire system of appointing judges ad-hoc.
Ad-hoc judges cannot become vulnerable, the court said, adding that too many adjustments can lead to missing the point behind the appointment process.
The higher court also rejected the presentation by lead attorney Vikas Singh and some of the other attorneys appearing on the matter that many of the former judges may not be interested in taking the job as they may be more interested in others. lucrative fields such as arbitration.
We believe that this decision should be left to the former judges. We cannot decide for them. The president of the Supreme Court will definitely discuss with the retired judge that he intends to appoint as an ad-hoc judge. If the retired judge thinks he has something better to do, then he may very well say no to the appointment, the court said.
The CJI also dismissed the argument that the chief judges of the higher courts may not be able to hear important matters, if ad-hoc judges are appointed.
I must tell you that I was not able to hear many issues from the constitutional court because there were other urgent important cases that needed to be heard at that time. However, if an ad-hoc judge is appointed, then he can handle regular cases and the Chief Justice can focus on important constitutional issues, the CJI said.
On April 8, the higher court had said that it faced a natural deadline and favored the creation of a mechanism for the appointment of ad-hoc judges in the higher courts to reduce the backlog of cases.
The superior court by referring to the “natural term” perhaps meant the retirement of the Chief Justice SA Bobde on April 23.
He had asked a group of senior lawyers representing different high courts to hold a virtual conference with each other to deliberate and prepare within a week a roadmap on four main points that could trigger the start of the appointment process such as: what could be the percentage of processing, how many ad-hoc judges could be appointed, how much could be the mandate of ad-hoc judges and what should be the procedure.
The higher court had said that it wanted to establish some guidelines based on a scientific mechanism whereby if the handling of cases exceeds a certain percentage or number, when the difference between the disposition fee compared to the filing rate exceeds a certain benchmark, then the ad-hoc judging process will be activated.
He said that the permanence of these ad-hoc magistrates and the number of ad-hoc magistrates to be appointed will be proportional to the percentage of processing.
The higher court had said that the greater the processing in particular branches such as civil or criminal or any other branch, the greater the number of ad-hoc judges who will be appointed for a longer term.
He had suggested that a benchmark such as the color red or yellow be made to indicate the processing of cases and trigger the appointment process.
The Chief Justice will have a panel of retired judges who can be recommended for appointment as ad-hoc judges. This should be a scientific thing to avoid any arbitrariness, he had said.
The Center had previously said that although the government considers the issue to be non-contradictory, its position on the matter is that the ad-hoc appointment of judges under Article 224A should take place only after the regular appointment of judges has been made. .
The CJI had previously said that article 224A of the Constitution is not being used and that the court can establish guidelines for the appointment of ad-hoc judges, if the procedure goes beyond a certain limit.

Times of India