OHCBA opposes SCBA’s proposal to elevate SC lawyers as High Court judges

The letter to the CJI was sent on the basis of a resolution unanimously passed by OHCBA’s executive committee on Monday.

CUTTACK:  The Orissa High Court Bar Association (OHCBA) has appealed to the Chief Justice of India (CJI) to reject the Supreme Court Bar Association (SCBA)’s proposal to consider elevation of Supreme Court lawyers as judges of High Courts. In a letter jointly signed by OHCBA president Jagabandhu Sahoo and secretary Jitendra Kumar Lenka, the lawyers’ body appealed to the CJI to withdraw the directives issued to the High Court Chief Justices, if any, based on the request of SCBA. 

The letter to the CJI was sent on the basis of a resolution unanimously passed by OHCBA’s executive committee on Monday. Copies of the letter were also sent to Union Minister for Law and Justice and Chief Justice of Orissa High Court.

The suggestion of the SCBA is contrary to the constitutional provision and judgment of the Supreme Court as regards to selection of judges in High Court under the collegium system. The collegium practice, which is considered by the Supreme Court to be lawful and constitutional, recognises the obscure inbuilt process involved to trace advocates of a High Court possessing all essential attributes for selection of HC Judge, the letter stated.

Under the collegium system, the judges constituting collegium of High Court assert on the basis of their experience and day-to-day interaction with lawyers appearing in courts, suitability, legal acumen and high ethical standard maintained by them both inside and outside the court for evaluating the suitability for appointment of High Court Judge.

“Selection process for appointment of Judges in High Court is never comprehended by law to be outsourced to the executive committee of Supreme Court Bar Association which is painfully deplorable”, the OHCBA said while opposing formation of a search committee by the SCBA. The SCBA had reportedly constituted a search committee to facilitate the process of elevation to judge of High Courts by identifying deserving and meritorious Supreme Court practitioners.
 

Related Stories

No stories found.
The New Indian Express
www.newindianexpress.com