Kannur (Ker): Capable lawyers practising in
subordinate courts should also be considered for selection as
High Court judges and denial of such an opportunity is
"discrimination and a violation of equal justice guaranteed by
the Constitution," Kerala`s Director General of Prosecution
"There is no mechanism in the state for making selections
from among advocates practising in subordinate courts for the
posts of High Court judges," T Asafali said here yesterday.
He noted that Under Article 217(2) of the Constitution, a
person who had ten years` experience as advocate of a High
Court was qualified to be appointed as High Court judge.
The constitution bench of the Supreme Court in CP Agarwal
vs CD Parikh (AIR 1970 SC 1061) had ruled that the phrase
"advocate of a High Court" meant a person who had been
actually practising in High Court itself or a person enrolled
in a High Court but practising in subordinate courts, Asafali
He said thousands of advocates with proven ability and
competence practising in subordinate courts were deprived of
the opportunity to be elevated as High Court judges.
A former president of the Lawyers Congress, Asafali was
speaking at a reception accorded to him at the District Court
at Thalassery near here to felicitate him on his becoming
Director General of Prosecution.