Allahabad High Court Bar Association Objects To Appointment Of Delhi-Based Lawyers As Judges Of Allahabad HC

The Allahabad High Court Bar Association has written to the President of India raising objections on appointment of lawyers practicing in Delhi as judges of the Allahabad High Court.

In the letter written and signed by the Office Bearers of the High Court Bar Association, it has been stated that in the last few years a lot of advocates practising at Delhi have been appointed as judges of the Allahabad High Court. It was stated that though in past such appointments have been made, the same should not be done in future. It pointed out at the time of recommending such lawyers from Delhi, the collegium does not disclose what material is present before them to form objective satisfaction for recommending advocates who do not have regular filings or appearances before the High Court at Allahabad.

Noting that the lawyers at Allahabad are often overlooked in such process, the Bar Association stated,

“Lawyers who have been practicing in Delhi or other courts and not found fit to be considered by the collegium of the courts where they are practicing or lawyers practicing in the Supreme Court cannot be chosen for elevation as judges of the High Court of Judicature at Allahabad but a large number of such lawyers have been elevated as judges of the High Court of Judicature at Allahabad which indicates that even the collegium at the High Court level lacks in independent decision making, leading to elevation of lawyers practicing beyond the territorial limits of the High Court of Judicature as judges at Allahabad for reasons not known or reasons open to inference and deductions of nepotism and favouritism.”

Further, it has been stated that,

“The entire system of collegium was designed for enabling appointment of the most meritorious and eligible as judges of the High Courts for maintaining the independence of judiciary and its supremacy. The system and its functioning is not only under stress but subject to microscopic questioning on account of apparent anomalies and explicable decisions which indicate an appointment process" based on choosing high constitutional functionaries such as judges through an opaque system which fails to inspire confidence and at times smacks of nepotism or appointment of constitutional functionaries as a distribution of largesse or privileges.”

It stated that consideration must be given to filing history and arguments before the Allahabad High Court by lawyers practising at Allahabad for being recommended for appointment as judges of the Allahabad High Court.

Stating that the lawyers who are appointed from Delhi are not often well versed with the traditions of the High Court, it was stated that “Such appointees tend to channelise their energy in seeking transfer to high courts where they have roots and family.”

It was stated that the Association hoped that the grievances will be considered before any appointments are made.