New Delhi, Oct 27 (PTI) The Supreme Court today rejectedthe allegation of bias in appointing judges in the higherjudiciary, saying that even first generation lawyers belongingto poor background have made to the bench.
The top court rejected the contention that common lawyerswith no judicial backup or poor background are not consideredfor appointment as judges in the higher judiciary.
"It is to be clarified that not everyone can beconsidered. There are even first generation judges from poorbackground (have been appointed)," a bench of Justices AdarshKumar Goel and U U Lalit said.
The bench was hearing a plea filed by advocate R P Luthrachallenging the appointment of judges in the higher judiciaryon the ground that the Memorandum of Procedure (MOP) asmandated by apex court in its verdict passed in 2015, has notbeen finalised.
The bench said if there are only two vacancies, then onlytwo most-deserving candidates out of 100 have to beconsidered.
"We can't accomodate everyone. This is not possible. Theargument that first generation lawyers and those from poorbackgrounds are not considered, is wrong," it said.
Luthra said his argument was that in the MOP a mechanismshould be devised that lawyers even from humble backgroundsare considered for appointment as judges in higher judiciary.
"They (first generation lawyers from poor backgrounds)are not at all considered in the first place. Every advocateshould get chance. The MOP should have some mechanism," Luthrasaid.
The bench said it was rejecting the prayer whichchallenges the appointment of judges in apex court and highcourts on the ground of delay in finalisation of MOP but wouldconsider the issue, as further delay in finalisation is not inlarger public interest.
It issued notice to Attorney General K K Venugopalreturnable by November 14 and appointed senior advocate K VViswanathan as amicus curiae to assist in the matter. PTI MNLABA SJK RKSARC.
This is unedited, unformatted feed from the Press Trust of India wire.