35 names suggested this year for Patna high court judges, none appointed

As of now, the court has 19 judges while the sanctioned strength is 53. By September end, the Patna high court will be left with 18 judges, with one more due to retire, if appointments are not made until then

Thirty-five names have been recommended this year to fill growing vacancies of judges at the Patna high court, but no appointments have been made yet despite a growing pendency of cases, people aware of the matter said on Wednesday. As of now, the court has 19 judges while the sanctioned strength is 53. By September end, the Patna high court will be left with 18 judges, with one more due to retire, if appointments are not made until then.

Patna high court. (File photo)

In August 2019, then chief Justice AP Shai recommended 24 names, including 15 from the bar but no appointments were made. Shai’s successor, Sanjay Karol, sent his first recommendation of four names on January 15 this year. He recommended 11 more names on February 11. Later, eight more names from the bar were recommended.

The number of pending cases in the high court is estimated to be around 21,30,00 up from 17,80,00 in December 2020.

Senior advocate PK Shahi said the vacancies have resulted in huge pendency and delay in the disposal of cases. “Even for bail matters, one has to wait for 8-10 months. The litigants are suffering. Even hearing of writ petitions is getting delayed. We cannot comment on why the recommendations are being rejected or delayed, but it has certainly affected the delivery of justice.”

Former additional solicitor general SD Sanjay said even urgent cases and those related to development issues are suffering. “...the delay in filling the vacancies is hurting the main cause of justice delivery.”

The Supreme Court in April prescribed a judicially mandated timeline for the Centre to make appointments of judges in the high courts, saying promptness in this process was to facilitate the larger cause of dispensation of timely justice.

The court, for the first time, indicated an outer time limit within which the Centre is expected to process the names for appointments of the high court judges, besides notifying appointments once the names are reiterated by its collegium. The existing Memorandum of Procedure, which guides judicial appointments, has not suggested any period within which the Centre is supposed to forward the recommendations to the Supreme Court collegium. The top court set down 18 weeks to complete this process. It added high courts have a shortage of around 40% judges, requiring a “collaborative” exercise involving the judiciary and the government.