Bar association opposes SC proposal for Allahabad HC

The High Court Bar Association (HCBA), Allahabad, has strongly objected to the Supreme Court Collegium’s proposal for ad hoc appointment of five retired judges to the HC of Judicature at Allahabad under Article 224-A of the Constitution. Terming the move as “inexplicable”, the Bar said it has caused “widespread concern” within the legal fraternity of Uttar Pradesh.

In a letter written to the President of India on February 5, which was made public on Thursday, the HCBA questioned the constitutional validity of the move, arguing that Article 224-A envisages initiation of such appointments by the Chief Justice of the concerned High Court with prior consent of the President. The HCBA contended that the Supreme Court Collegium’s invocation of the provision appears to be contrary to the constitutional scheme.

“… the chosen five retired judges appear to have been picked out of the blue from amongst the pool of retired judges unaccompanied by any exercise of choosing the best from the available pool of retired judges which would be inherent in any exercise of appointment to a constitutional post under Article 224-A of the Constitution of India,” the letter read.

The Bar also stated that if the appointments were necessitated by delays in recommending regular candidates and mounting case pendency, then preference should have been given to retired judges with a proven record of swift and effective disposal of cases.

It added that the entire exercise invoking Article 224-A appears to have been made without consulting stakeholders, especially the Bar, and to circumvent regular appointments against existing vacancies, and would defeat the purpose of disposal of pending cases.

The SC Collegium, earlier this month, had approved a proposal for the appointment of five retired judges – Justice Mohd. Faiz Alam Khan, Justice Mohd. Aslam, Justice Syed Aftab Husain Rizvi, Justice Renu Agarwal and Justice Jyotsna Sharma – as ‘ad hoc judges’ of the Allahabad High Court for two years.