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SC rejects plea for appointment of retired judges

Last Updated: Monday, May 2, 2011 - 19:38

New Delhi: The Supreme Court on Monday refused to entertain a plea for utilising the services of retired apex court judges to dispose of 54,612 pending cases in the
country`s highest judiciary.

A bench of justices Aftab Alam and RM Lodha dismissed the PIL filed by an advocate Manoharlal Sharma who cited Article 128 to say that the provision empowered the apex court to appoint retired judges to dispose of pending cases.

"It is these type of petitions which have contributed to the pending cases in the courts," the bench remarked while dismissing the petition.

The petition claimed there are 3 crore cases pending in subordinate courts all over India as on March 31, 2001, and 54,612 matters are awaiting for hearing and final disposal in the Supreme Court.

"Due to shortage of judges, pendency is increasing day by day and they cannot be decided even in another 100 years," the petition claimed.

According to Article 128, "the Chief Justice of India may, at any time, with the previous consent of the President, request any person who has held the office of a judge of the Supreme Court or of the Federal Court 1(or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court) to sit and act as a Judge of the Supreme Court and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court.

But the argument did not find favour with the bench which dismissed the plea.


First Published: Monday, May 2, 2011 - 19:38
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