Friday, August 19, 2022

Kerala High Court dismisses plea seeking SC bench in every HC

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The Kerala High Court has dismissed a petition seeking the establishment of a two-judge bench of the Supreme Court in all the High Courts to hear only the cases of the poor and the destitute.

The Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly held that though petitioner Abdul Jaleel, and party-in-person, has alleged that some judges were hand in glove with criminals and obtained post-retirement postings, which are serious allegations, having regard to the reliefs sought for, the High Court is not inclined to advert to the same and no direction in the nature of mandamus as prayed for, can be granted.

The petition had sought a direction to the Supreme Court Registrar General to take steps to place this petition before the Chief Justice of India. It had wanted increasing the retirement age of judges of the Supreme Court, High Courts and all judicial officers.

The petitioner had also sought a direction to the Central Government to take steps to ensure judicial officers shall not accept any post in government after retirement.

According to the petitioner Abdul Jaleel , the Government should make the retirement age of judicial officers at 75 years, if necessary by amending the Constitution; an order should be passed to the effect that judicial officers shall not accept any post under the government or otherwise after their retirement from the service and also an order may be passed by the High Court to that effect; besides, that order should be in force till a statutory provision is made in this regard; a Division Bench of the Supreme Court should be established in all the High Courts in the country for the poor people.

It is submitted by the petitioner that the implementation of these 3 prayers stated above is necessary for crores of people in this country equally including him, and his locus standi to file this petition itself is on the basis of the 3 prayers in this petition and he is a victim of non-implementation of the above in the country.

The petitioner further stated that if it is ensured that the Government cannot influence the judiciary, it will boost the faith of the people in the judiciary.  According to the petitioner, by eliminating the chances of influencing the judges, the judiciary will become completely independent and the people will have full faith in judiciary and also it will strengthen our judiciary and consequently, the democratic and secular nature of our country would also be strengthened. Besides, by enhancing the retirement age of judges, substantial amount of public money can also be saved and the well being of the nation as whole can be increased.

It is contended by the petitioner that the Government is not taking such steps.

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