On vacancy front, SC judge asks HC judges to help district courts

He called for exploring the option to appoint ad hoc judges to clear backlog of cases. “Why not in a very selective basis have ad hoc judges,” he asked. About judges with a short remaining tenure being elevated, Justice Gogoi said the “problem doesn’t lie in the short tenure” but with “change of priorities with change of Chief Justices”. He said that Indian judiciary “must have a consistent policy”. If there is a policy and it is implemented, then tenure will not matter, he said. Sometimes those with short tenure may deliver results while those with long tenure may not be able to, he said.

Justice Gogoi also called upon High Court Chief Justices to keep a regular tab on district courts under them — how many cases were taken up each day and what happened to them. This, he said, would not be difficult with use of technology.

Eminent jurist Prof N R Madhava Menon, who addressed the gathering, favoured Supreme Court Justice Kurian Joseph’s call for increasing the retirement age of judges of High Courts and Supreme Court. Menon said he would “strongly recommend that it should be for every judge at every level — from the magistracy to the Supreme Court”.
He asked judges to refrain from giving personal views while hearing a matter and backed the creation of an All-India Judicial Service.

Chief Justice of India Dipak Misra said, “The court congestion and delays do require a modern and progressive approach where every judge takes the burden of judicial leadership and managerial skills of his court and the cases before him”.