Recommendations Of Three Names For Senior Designation Stayed By Calcutta HC

Team SoOLEGAL 18 Jan 2019 3:30pm

Recommendations Of Three Names For Senior Designation Stayed By Calcutta HC

The Division Bench of Calcutta HC has stayed several actions on the recommendations of three names for senior designation created by the committee for designation of senior advocates. "HC court guided the Registry/Secretariat not to take any actions for placing the three names recommended by the committee with the Hon'ble the Acting Chief Justice for obtaining approval in a full court." The order (guidance) was given by the Division Bench of Justices I P Mukerji and Amrita Sinha.

The committee for designation of senior advocates consist senior judges, who had recommended three out of 30 candidates to the Full Court. The interim order was challenged by lawyer Debasish Roy which was passed in a petition. Therefore, the challenge was on the guidelines framed by Calcutta High Court for senior designation. According to Roy, the HC did not framed guidelines as per the directives issued by the SC as mentioned in the Indira Jaising case.

The recommendations were made as per the guidelines framed before the judgment in Roy’s grounds of challenge is as follows:

As per Clause 11 of the guidelines: only advocates regularly practicing in the HC can be considered. Hence, this is contrary to Section 16 of the Advocate Act, 1961. The clause excludes that many deserving advocates who are practicing at the subordinate courts. Guidelines give the committee the power of relaxation up to 10 marks. Also, the requirement to give income particulars is against the SC judgment.

Joydeep Kar defended the guidelines, who is a senior advocate appearing for the HC administration. He said that the guidelines were in obedience with the SC judgment. They did not excluded advocates practicing in the subordinate courts. He also stated that the power of relaxation should be given to the committee to do proper justice.

The petitioner had made out a "most arguable case" and has been able to raise "very substantial questions to be tried," as observed by the Division Bench. Therefore, the bench "strongly requested' the committee not to take any further actions in making further recommendations.

Roy first moved to the SC challenging the designation process. But the apex court declined interference and directed Roy to raise the issue in the HC. Afterwards, in October the SC issued guidelines for senior designation in the case filed by senior counsel Indira Jaising.

Tagged: calcutta HC   three names   senior designation   Roy   JOydeep  
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