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SC continues with Judge SK Singh as President of TDSAT | India News


NEW DELHI: With the selection panel headed by the Chief Justice of India or his nominated South Carolina judge unable to find a successor, the Supreme Court on Thursday ordered the continuation of retired South Carolina Justice Shiva Kirti Singh, as President of the Telecom Court of Appeal and Dispute Resolution (TDSAT). ).
Judge Singh was appointed Chairman of TDSAT on April 21, 2017 and under the Telecommunications Regulatory Authority of India (TRAI) Act, is a three-year term. This means that Judge Singh should have relinquished his position on April 20, 2020. However, due to large vacancies in the membership position and to avoid the possibility of the apex telecom apex court being closed to litigants , the SC has been periodically extending the term of Justice Singh.
The last such extension was granted by the SC on January 4. The TDSAT president is selected by a panel headed by the CJI or its nominee. Although Judge Singh’s successor should have been selected by the panel well before April 20 of last year for a smooth transition from office to the new chair, the panel has been unable to do so for various reasons.
With the passage of the Court Reform (Rationalization and Conditions of Service) Ordinance on April 4, which allowed a four-year term for the presidents of all courts retroactively, Judge Singh automatically obtained an extension until the 20th. April 2021. However, as no successor has yet been selected by the panel led by the CJI, the communication ministry on May 31 wrote a letter to the Director of TDSAT informing that Judge Singh should have relinquished the position before the April 20, 2021.
Appearing on behalf of advocates practicing at TDSAT, lead attorney Vikas Singh said the apex telecommunications court would be closed if the government forced Judge Singh to resign, as the last of the members had withdrawn. in October 2019. Attorney General KK Venugopal informed a court of Judges LN Rao, Hemant Gupta and SR Bhat said that CJi was asked to set up a selection committee to finalize the selection for the position of TDSAT president.
The bank said: “We have no doubt in our mind that the selection process will be accelerated. In the meantime, we order that Judge Shiva Kirti Singh continue as chairman, TDSAT until a new appointment is made to that position. Otherwise. , TDSAT has to be closed which would result in no access to justice for the litigating public. We ask the CJI to expedite the process of appointing the President, TDSAT “. On January 4, the SC had ordered the continuation of Judge Singh as president of TDSAT, as the other members of the Court had retired earlier.

Times of India