The Advocates Association Bengaluru has filed a contempt petition in the Supreme Court over the non-appointment of the 11 persons proposed as High Court Judges by the Supreme Court Collegium which is delayed by the Central Government.

According to the contempt plea, the Centre’s conduct is in violation of the mandate laid down in the 2019 judgment of M/s PLR Projects Pvt. Ltd. v. Mahanadi Coalfields Ltd. & Ors , as after the Supreme Court Collegium headed by the Chief Justice of India reiterates a name for appointment as a judge such appointment should be processed and appointment should be made within a month.

The plea highlighted  that the aim is to ensure compliance by the government with the judgments in Subhash Sharma, the Second Judges case, the Third Judges case, as the unreasonable delay in the matters of appointment after recommendations have been made by the Collegium are detrimental to the persons recommended.

The Association highlighted the following eleven names:-

Proposed for appointment as Calcutta High Court Judge.

Jaytosh Majumdar (Advocate)

Amitesh Banerjee (Advocate)

Raja Basu Chowdhury (Advocate)

Lapita Banerji (Advocate)

Sakya Sen (Advocate)

Proposed for appointment as Jammu & Kashmir High Court Judge

Moksha Kazmi (Khajuria) (Advocate)

Rahul Bharti (Advocate)

Proposed for appointment as Karnataka High Court Judge

Nagendra Ramachandra Naik (Advocate)

Aditya Sondhi (Advocate)

Proposed for appointment as Allahabad High Court Judge

J Umesh Chandra Sharma (Judicial Officer)

Syed Waiz Mian (Judicial Officer)

The Advocates Association, Bengaluru (AAB) today informed the Karnataka High Court that an amount of Rs 8,98,000 have been collected through donations to provide financial aid to Advocates’ Clerks in need during the prevailing pandemic.

A Division Bench headed by Chief Justice Abhay Shreeniwas Oka appreciated the constructive steps that have been taken on the issue and stated that, similar steps must be taken across the state.

Advocate Anil Kumar appearing on behalf of the Advocates Association, Bengaluru informed that there are around 300 clerks in the city of Bangalore and AAB would cater to their needs. The committee headed by Senior DLN Rao will make a scheme and decide the amount of money to be given to each advocate clerk.

The High Court had in its previous hearing been informed about constitution of a committee headed by Senior Advocate DLN Rao for collection of funds from the advocates for the benefit of Advocates’ Clerks in need of financial assistance in wake of COVID-19. The Advocates Association, Bengaluru (AAB) has informed the court that this committee and the office holders of the Advocates Association have started collecting funds for these Advocates’ clerks

A division Bench of the Court comprising of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty had appreciated that steps were being taken in the right direction, and enquired about the contribution that had  been made till now and the total amount that had been collected. The Court was informed that the advocates have assured a collection of 2.5 Lakhs, and more efforts are being made to collect more funds.

Further, the Court had also observed that certain state governments had undertaken to help needy advocates and advocate clerks. The Court observing that the state governments had also decided to help advocates and clerks in need, directed. AAG Dhyan Chinnappa to place before Court the stand of the state government in providing financial relief to the Advocate clerks in need in the State.

Previously the Karnataka High Court had expressed disappointment over failure of of the Karnataka State Bar Council (KSBC) and Advocates Association, Bengaluru (AAB) in raising funds for Advocates’ Clerks who needed financial help, and had stated that they will request the senior members to help those in need. Advocate Anil Kumar who had appeared on behalf of KSBC had informed the Court that they had approached many senior advocates, but still no funds were generated to benefit the Advocates’ clerks.

“What the Bar Association and Bar Council cannot do collectively, we will do through Court order.” – the Court had said.

-India Legal Bureau