Vacant posts of HC judges: Bengaluru lawyer files plea in SC

A Bengaluru-based advocate has approached the Supreme Court, challenging the Karnataka High Court order, dismissing his plea for direction to fill up vacant posts of judges there.

Advocate G R Mohan contended that 32 vacancies existed in the Karnataka High Court against the sanctioned strength of 62 judges, resulting in progressive accumulation of cases, affecting rights of the litigants to get speedy justice and undermining faith and confidence of people in the administration of justice.

“Access to justice, being a constitutional duty, will be a mere illusion, if justice is not dispensed due to vacant posts of judges. Article 21 of the Constitution is violated in view of the delay in appointment of judges and disposal of the cases,” his plea stated.

In a special leave petition filed through advocate Shekhar G Devasa, he challenged the High Court's order of December 13, 2017, that had declined to entertain his plea in view of the pendency of a similar plea before the apex court.

The petitioner said the Centre had to take immediate steps to conclude the process of appointment of judges and reduce the agony of litigant public and achieve social and public good.

He asked if the delay in the process of appointment of judges in the High Court would not defeat the concept of independence of judiciary and separation of powers as provided under Article 50 of the Constitution. Mohan contended that courts lacking in manpower was an abuse of Article 38 (welfare of people and social order) of the Constitution.

Hearing a similar writ petition filed by advocate P P Hegde, the top court had, on November 13 last year, adjourned the matter for 12 weeks, saying some of the appointments to the vacant posts of judges in the Karnataka High Court would be made soon.

As many as 2.07 lakh cases were pending before the HC, which was functioning with only 40% of judges, Hegde had claimed.