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A Full Bench of Chief Justice SA Bobde, Justice SK Kaul and Justice Surya Kant, while issuing necessary directions with respect to the appointment of Ad Hoc Judges & the mechanism to be adopted therein has noted that the matter is a case of Continuing mandamus. 

 “It's a 64 para judgement so I will not read out. We have held that the process will be followed as per the constitutional provision & we need not follow a regular process. Appointments are not an issue. This judgement will be with regard to regular appointments.”, the CJI remarked. 

The CJI also said that the judgement dealt with the allowances & provisions & that the matter is a sense of a regular process.

Further the CJI also said that the case was not being disposed fully & that an interim order was being passed. 

 “We will have to make some changes & we will pronounce it later only.”, the CJI said.

Earlier Chief Justice Bobde had directed Senior Advocate Mr. Datar to convene a meeting and submit a report on the following points;

1. Pendency in a Jurisdiction; both territorial and subject wise
2. The triggering point at which such appointments are to be initiated; the threshold or percentage that is to be scientifically determined
3. Whether the pendency is to be considered branch wise or generally
4. What will be the determinants of deciding the tenure of an Ad Hoc Judge
5. Discretion of the Chief Justice of the High Court in making such appointments
6. Salaries and allowances
7. Role of Collegium and the time taken for appointment

The Bench, in the previous hearing, had also added that the appointment of Ad Hoc Judges shall not in any way be an alternative to Regular Appointments and no Chief Justice shall take up the task of doing so, without meeting the pending vacancies.

ASG Suri, representing the Union, had submitted that if all pending vacancies are met, there will be no requirement of making Ad Hoc appointments as such.

The Bench has listed the same to be heard after 4 Months after submission of report by the Ministry of Justice.

Also Read: "Higher Disposal Rate Of Experienced Judges": Supreme Court On Appointment Of Ad Hoc Judges For Pendency

Also Read: Supreme Court Identifies Crucial Aspects Related To Appointment Of Judges, Directs Convening Of Meeting With Requisite Stakeholders

Case Title: Lok Prahari v Union of India | WP (C) 1236 of 2019

 

[To be updated after Judgment Copy is uploaded]