Madras HC File photo
Chennai

Plea on judicial postings referred to Chief Justice

Advocate A Prem Kumar of Tiruvannamalai filed a public interest litigation alleging that the recommendations violated constitutional procedure and sought a stay on any action based on them.

DTNEXT Bureau

CHENNAI: The vacation bench of the Madras High Court on Friday advised a petitioner to approach the Chief Justice in a case seeking to halt action on the Collegium’s recommendations for the appointment of judges.

A Collegium — comprising the Chief Justice and the two senior-most judges — had recommended the names of 13 advocates to fill the 20 vacancies now existing in the Madras High Court.

Advocate A Prem Kumar of Tiruvannamalai filed a public interest litigation alleging that the recommendations violated constitutional procedure and sought a stay on any action based on them.

The petition contended that Justice Nisha Banu, the second senior-most judge of the Madras High Court until December 19 and now transferred to the Kerala High Court, was not consulted. Instead, the recommendations were made by a Collegium including the third senior-most judge, Justice MS Ramesh, which the petitioner claimed is contrary to constitutional norms.

It also alleged that several recommended advocates are affiliated with either the ruling party at the Centre or the former ruling party in Tamil Nadu, potentially undermining judicial independence and public confidence.

The petition sought an order restraining the Union and State governments from acting on the present Collegium recommendations and directing the High Court Registry to reconsider them.

When the petitioner’s counsel requested urgent listing before Justices SM Subramaniam and P Dhanabal, the Registry said the Chief Justice had instructed that the case should not be listed before the vacation bench. The bench therefore advised the petitioner to approach the Chief Justice.

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