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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Abhay S. Oka, Vikram Nath, JJ.
Lok Prahari Through Its General Secretary S.N. Shukla I.A.S. (Retd) – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Civil) No. 1236 of 2019
Decided On : 14-09-2022
Exemption - Court Procedure - The court allowed applications seeking permission, exemption from filing affidavit, and exemption from filing original vakalatnama/other document. The court also requested the Attorney General to address the issue of making recommendations for ad-hoc judges in courts with large vacancies and arrears.
Fact of the Case:
The court allowed applications seeking permission, exemption from filing affidavit, and exemption from filing original vakalatnama/other document. The court also disposed of an application for interim relief.
Finding of the Court:
The court found that there is a need to address the issue of making recommendations for ad-hoc judges in courts with large vacancies and arrears.
Issues: Permission, Exemption, Recommendations for Ad-hoc Judges
Ratio Decidendi: The court's decision was influenced by the need to address the issue of making recommendations for ad-hoc judges in courts with large vacancies and arrears.
Final Decision: The court allowed the applications seeking permission and exemption, and disposed of the application for interim relief.
ORDER
1. Applications seeking permission, exemption from filing affidavit and exemption from filing original vakalatnama/ other document are allowed.
2. Learned Attorney General submits that he needs sometime to file status report as to whether any recommendation on ad-hoc judges have been made and the fate thereof.
3. Another aspect, with experience, we are finding is that though we have put a bar of not more than 20% vacancies for making recommendation for ad-hoc judges, the fact remains that some of the Courts where there are large number of vacancies are also troubled with arrears and in some specific subjects.
4. We request learned Attorney General to give a thought to this process as to how this particular aspect can be addressed.
5. List on 27th September, 2022 on the top of the Board.
IA No. 150265/2019 - GRANT OF INTERIM RELIEF
6. In view of the orders passed today, the application stands disposed of.
Addressing the issue of making recommendations for ad-hoc judges in courts with large vacancies and arrears.
(1) Appointment of ad hoc Judges in High Courts is need of the hour.(2) Appointment of Judges in High Courts – Every endeavour has to be made to see that recommendations are made well in advance whil....
The court emphasized the need for efficient functioning of the Adjudicating Authority under the PMLA and directed the government to take steps to fill up vacant positions within specified timeframes.
The court emphasizes the need for flexible judicial appointments under Article 224A to address the backlog of cases in High Courts.
Judicial appointments must adhere to timelines to ensure efficient and timely justice.
Efficient functioning of the Adjudicating Authority under the Prevention of Money Laundering Act requires timely appointments to address substantial staff shortages.
Interim orders extended in the presence of parties cannot be vacated automatically under Article 226(3) without a hearing on merit.
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