CHENNAI, AUG 8: The selection of new judges of the Madras High Court has raised the hackles of a section of the Bar and the subordinate judiciary.According to the list prepared by Chief Justice (CJ) A C Agarwal, who is due to retire at the end of this month, four members of the Bar and five from the subordinate judiciary are proposed to be appointed as Madras High Court judges. The strength has come down to 30 against a sanctioned strength of 42. Justice Jayarama Chouta retired a couple of days ago. The shortage of judges has resulted in mounting of arrears.However, several leading members of the Bar have disputed the validity of the selection list prepared by the Chief Justice, who assumed office on May 24 this year. It is alleged that the list has been hurriedly prepared, and that the Bar has not been consulted in the selection process as required by a Supreme Court judgement.
Justice Agarwal recently recommended nine names to the State Government. Of them, five were still serving, including VNavaneetham, who had awarded capital punishment to all the 26 accused in the Rajiv Gandhi assassination case and V Radhakrishnan, Judge, Special Court-II.
The government pleaders of Tamil Nadu and Pondicherry, a woman advocate and an advocate from the Muslim community were chosen from the Bar. Members of the Bar pointed out that even Justice M S Liberhan, who had a long term in the Madras High Court as Chief Justice, refrained from recommending any names as he was aware his transfer was on the cards.
The last recommendation for appointments was made about three years ago during Justice K A Swami's period, when the High Court Bench had the highest strength. Since then no appointments have been made. Retirement and transfers of judges have reduced the strength.
A section of the Bar contends that the ratio of selected members in service and the Bar was not in proportion, and equal representation for all communities was not given. There was no representation for major communities like Nadars and Vanniars.The Thevar community is represented by only one judge, as are the Muslim and Christian communities. Of the four sitting Scheduled Caste/Scheduled Tribe judges, two will soon retire. However, in the present list, no representation has been given to SCs/STs. The subordinate judiciary is agitated because "seniority of many judges has been overlooked." Among those left out are Sessions and District Judges Chockalingam, M Soundarapandian, Banumathi, Ganeshan and Rajan and former Madras HC Registrar Malai Subramaniam and Special Judge-I S Sambandam.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.