Is there any provision for the appointment of adhoc judges without completing the appointment of the proposed judges? Supreme Court questioned the Center
The Supreme Court asked the Central Government whether there is any such provision which says that adhoc stops the appointment of judges without completing the appointment on the proposed number of judges. ASG SK Suri said that even without appointing adhoc judges, the burden of cases pending in the courts can be reduced. Adhoc judges will not be required if the proposed judges are appointed.
Justice Kaul said that the Chief Justice believes that Adhoc judges can help reduce the burden of pending cases in the High Court as long as the proposed appointment is being completed. The CJI said that we understand the importance of the collegium and the ministry and are considering the suitability and competence of its predecessor judges.
Many cases pending in court for 20 years
The Chief Justice said that no file can be accessed by the President unless it goes through the Ministry and until the Ministry receives recommendations from the SC Collegium. This process can be simplified but no other route can be appointed. The Chief Justice said that the list of criminal cases pending in Allahabad High Court is very long. In many courts, many cases have been pending for 20 years.
The CJI suggested that new cases should be referred to the regular bench, while the old pending cases could be referred to the ad hoc judges. The CJI said that the pending cases need to be reviewed. This pending should be looked at by category or subject. Adhoc judges can be appointed for this. Once we have the bench mark, the process needs to be understood. A list of former judges can be prepared.