Holidays ‘delay’ governor nod for judges’ oath-taking

Seven judges had to wait till evening to be sworn in as judges of the Calcutta High Court because the governor’s consent for the oath-taking arrived late.

Written by Express News Service | Kolkata | Published: April 10, 2012 6:14 am

Seven judges had to wait till evening to be sworn in as judges of the Calcutta High Court because the governor’s consent for the oath-taking arrived late.

The ceremony,scheduled in the morning,took place in the evening after the consent from the governor’s office reached the Chief Justice.

Advocates said this was the first time in the 150-year history of the court that this unfortunate event had occurred.

The President had signed the appointment of the seven judges on April 2. It is learnt that on April 4,the Calcutta High Court received the communication from the Law and Justice Ministry for the appointment of the seven service judges. It was decided on April 5 that they would take oath on April 9,after which they would join work.

Advocate Arunav Ghosh wanted to know from Chief Justice Jaynarayan Patel in the open court why the swearing-in ceremony was cancelled. The Chief Justice replied that he had already sent a communication to the chief secretary on the issue.

Sources said that formal consent from the governor did not reach to high court in the morning,so the Chief Justice had no option but to cancel the swearing-in. The Chief Justice also directed that work should continue according to the old list instead of the new list. Therefore normal judicial proceedings were hampered.

State Law Minister Malay Ghatak said the high court prepared the schedule for the swearing-in ceremony without consulting the state government. According to him,the state government received the communication from Union law ministry about the appointment of the seven judges on Wednesday. There was a mandatory administrative procedure to be completed by the state government before the oath of the judges,said an official of the law and judicial department.

Chief Minister Mamata Banerjee signed the file on April 5,Ghatak said,and it was forwarded to the governor. But there were three consecutive holidays from Friday to Sunday. So the governor’s consent did not reach to the court this morning.

Justice Dipak Saha Roy,Justice Anindita Roy Saraswati,Justice Tarun Kumar Das,Justice Murari Prasad Srivastava,Justice Subal Baidya,Justice Asim Kumar Mandal and Justice Toufique Uddin took oath as judges of the Calcutta High Court this evening.

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