High court to move Supreme Court on judges' appointments, seeks to get stay lifted1
CHENNAI: Indicating its resolve to appoint the 12 candidates shortlisted for the posts of additional judges, the Madras high court is all set to move the Supreme Court against a division bench order restraining the Centre from processing the list.
"An appeal has already been readied and it is likely to be filed in the apex court by the registrar-general of the high court on Friday," highly placed sources told TOI.
On Wednesday, a division bench, comprising Justice V Dhanapalan and Justice K K Sasidharan, had directed the union law ministry to maintain status quo in respect of the list of 12 names forwarded by the Madras high court.
On Thursday, the same bench extended the interim restraint order till January 21, as the high court is closing for Pongal holidays.
Additional solicitor-general of India P Wilson, representing the Centre on Wednesday, confirmed that the list of names forwarded by the high court collegium had been received by the law ministry.
The views of the Tamil Nadu government, however, have not yet been received, he said.
As it has become clear now that there would not be any progress in the appointment process for about two weeks, the high court felt that moving the apex court alone is the only way to expedite it. "It was also felt that given the surcharged atmosphere under which the PIL was heard by the bench, a patient and neutral hearing at a faraway place would yield a balanced result," said a HC source.
"The high court is well within its right to exhaust an appeal remedy available to it," commented a senior jurist when asked about the impending appeal.
Bar leaders, however, say it is an ill-advised move, as it will precipitate the situation. "We resorted to due legal process and won an interim relief. Heaven would not fall if the judiciary waited for 10 more days. This tearing hurry strengthens our worst fears about the whole appointment process which did not give adequate room for a meaningful consultation," said advocate S Prabakaran, who argued the PIL before the division bench for two days. "There are umpteen judicial pronouncements against appeals being filed against interim orders," he added. 1
source;http://timesofindia.indiatimes.com/india/High-court-to-move-Supreme-Court-on-judges-appointments-seeks-to-get-stay-lifted/articleshow/28607429.cms
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CHENNAI: Indicating its resolve to appoint the 12 candidates shortlisted for the posts of additional judges, the Madras high court is all set to move the Supreme Court against a division bench order restraining the Centre from processing the list.
"An appeal has already been readied and it is likely to be filed in the apex court by the registrar-general of the high court on Friday," highly placed sources told TOI.
On Wednesday, a division bench, comprising Justice V Dhanapalan and Justice K K Sasidharan, had directed the union law ministry to maintain status quo in respect of the list of 12 names forwarded by the Madras high court.
On Thursday, the same bench extended the interim restraint order till January 21, as the high court is closing for Pongal holidays.
Additional solicitor-general of India P Wilson, representing the Centre on Wednesday, confirmed that the list of names forwarded by the high court collegium had been received by the law ministry.
The views of the Tamil Nadu government, however, have not yet been received, he said.
As it has become clear now that there would not be any progress in the appointment process for about two weeks, the high court felt that moving the apex court alone is the only way to expedite it. "It was also felt that given the surcharged atmosphere under which the PIL was heard by the bench, a patient and neutral hearing at a faraway place would yield a balanced result," said a HC source.
"The high court is well within its right to exhaust an appeal remedy available to it," commented a senior jurist when asked about the impending appeal.
Bar leaders, however, say it is an ill-advised move, as it will precipitate the situation. "We resorted to due legal process and won an interim relief. Heaven would not fall if the judiciary waited for 10 more days. This tearing hurry strengthens our worst fears about the whole appointment process which did not give adequate room for a meaningful consultation," said advocate S Prabakaran, who argued the PIL before the division bench for two days. "There are umpteen judicial pronouncements against appeals being filed against interim orders," he added. 1
source;http://timesofindia.indiatimes.com/india/High-court-to-move-Supreme-Court-on-judges-appointments-seeks-to-get-stay-lifted/articleshow/28607429.cms
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