The Supreme Court, while hearing a Special Leave Petition, expressed its infuriation against the Centre for holding up the process of filling up the mounting vacancies in High Courts across the country.
In the instant case, the court was hearing an SLP against an interlocutory order passed by the Delhi High Court in a matter which had been related to anti-dumping proceedings.
While passing the order, the bench noted that the High Court had not been in a position to give early hearing for the matter as it had been working at half of its strength. The bench observed that such issues are arising due to the “recalcitrant attitude” of Union Government which failed to appoint High Court judges, even though recommendations had been cleared by the collegium.
The court further observed that the root-cause of delay in adjudication of cases is nothing but the delay on part of Government. It also stated the condition of High Court where the latter couldn’t find it feasible to accommodate early hearing of cases.
The court further expressed its agony by mentioning the direct impact of inadequacies on the High Court of capital city, Delhi. It highlighted that anyways the appointment process takes months and years to send across the recommendations, and further delay would make early adjudication impossible for urgent/important cases as well.
Moreover, the court referred to its order passed in the case of M/s PLR Projects Pvt Ltd. V Mahanadi Coalfields Limited & Ors., wherein it suggested a timeline for appointments to the Government, however, it was not taken care of.
The Apex Court also presented the status of strength of judges, where on requirement of 60 judges in Delhi High Court, sooner, only 29 would be presiding to adjudicate the matters.
The court reminded the government to implement the suggestions laid down in the M/s PLR Projects case as that would help in timely appointment of judges, which would subsequently assist in early adjudication of commercial disputes.
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