Karnataka HC Upholds Conferment Of Senior Designation On 18 Advocates [Read Judgment]

A division bench of the Karnataka High Court on Friday disposed of a batch of PILs to uphold the notification issued by it on November 16, 2018, conferring senior designation on eighteen advocates. In a detailed judgment, Chief Justice Abhay S. Oka and Justice Mohammad Nawaz examined the vires of the High Court of Karnataka (Designation of Senior Advocates), Rules, 2018 vis-à-vis the guidelines issued by the Supreme Court for conferring senior designation in Indira Jaising v. Supreme Court of India, (2017) 9 SCC 766. The bench said, "The guidelines/rules of a High Court may contain certain additional guidelines which are not part of the directions in paragraphs 73 to 73.11 of the Apex Court decision. But the same cannot be contrary to or inconsistent with the directions of the Apex Court… If any of Rules are inconsistent with the directions of the Apex Court, the same will have to be ignored and the directions or the Apex Court will have to be strictly followed." To this end, the court read down following two rules of the High Court Rules: Rule 5(1) which stipulates that all matters relating to designation of Senior Advocates in the High Court shall be dealt with by a Permanent Committee. The court was of the opinion that the Permanent Committee is only empowered to make an overall assessment of all the candidates by assigning points. However, the power to take a final decision in that regard vests only in a Full Court of the high court and such overall assessment does not necessarily bind the Full Court. The court further clarified that the power conferred on the Permanent Committee to collect certain information may or may not be exercised. It held that "merely because the Permanent Secretariat has not collected the information regarding conduct and integrity of the candidates, the process will not be vitiated. The stakeholders like the Bar Associations, State Bar Council and Advocates can always supply the said information while submitting their suggestions and views." Rule 11 which stipulates that all questions relating to interpretation of the Rules shall be referred to the Chief Justice whose decision thereon shall be final. In this regard the court observed that the Supreme Court had directed all the High Courts to modify their existing guidelines in conformity with its directions. Thus, the high courts were expected to incorporate the directions issued by the Apex Court, which did not leave any room for interpretation by the Chief Justice. "…The directions of the Apex Court do not leave the issue of interpretation of the Rules or guidelines to the Chief Justice of respective High Courts. Therefore, Rule-11 is completely inconsistent with the directions of the Apex Court and it cannot be implemented," the court said. The court added, "Power to designate senior vests only in the full court and not in the Chief Justice alone… the overall assessment made by the Parliament Committee in respect of every candidate shall be placed before the Full Court for decision, as the decision making authority vests in the Full Court." Issue of Transfer Order of Justice Raghvendra S. Chauhan In his plea, the Petitioner had also contended that Justice Raghvendra S. Chauhan, who received his transfer order on November 8, 2018, ought to not have participated in the Permanent Secretariat which met on dates subsequent to his order of transfer. Rejecting this argument the court clarified that even though Justice Chauhan received his transfer order on November 8, he did not assume charge at his new place of posting, i.e., Hyderabad, till November 22. Thus, until he took charge at the High Court of Hyderabad, he was a judge of the Karnataka High Court and had every right to participate in the Secretariat. The court explained, "If the argument of the petitioner that with effect from 8th November, 2018 which is the date on which the transfer order was issued Hon'ble Shri Justice Raghvendra S. Chauhan ceased to be the judge at the High Court of Karnataka is accepted, it will lead to an absurdity, inasmuch a3, from 8th November, 2018 till the date on which he assumed charge of post as a Judge of High Court at Hyderabad, he will not be a Judge of any High Court and he will not entitled to draw salary and other perquisites for the said period. There will be a break in his service. An interpretation which leads to such an absurdity cannot be accepted… There was no illegality associated with Hon'ble Sin. Justice Raghvendra S. Chauhan participating in the meetings of the Permanent Committee he!d on 11`" and 12th November, 2018 and the meeting of the Full Court on 15th November, 2018, as he had not subscribed oath or affirmation as a judge of the transferee High Court till 15th November 2018." 50% Benchmark The Petitioner had contended that while the Rules require final consideration of the...

Karnataka HC Upholds Conferment Of Senior Designation On 18 Advocates [Read Judgment]

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