Politics · India · 2 hrs ago
Sikkim High Court cannot hear five pending appeals with only two judges
Sikkim High Court has only two working judges, despite having three judge positions approved.
The court cannot hear appeals against decisions made by single-judge benches headed by its chief justice and its other judge.
Five writ appeals are waiting to be heard, raising concern about delays in justice for the people involved.
Sikkim Chief Justice A Muhammed Mustaque asked Chief Justice of India Surya Kant to arrange for the appeals to be transferred to another high court or make another suitable arrangement.
The Supreme Court treated the letter as a legal case and asked the central government to respond.
The proposed options are transfer or another arrangement, but no decision on how the appeals will be heard has been announced.
The Sikkim High Court cannot hear five pending appeals because it has only two judges against a sanctioned strength of three.
Sikkim Chief Justice A Muhammed Mustaque asked the Chief Justice of India to arrange for the appeals to be transferred to another high court or otherwise heard.
The Chief Justice of India’s bench treated the letter as a suo motu writ petition and sought a response from the Centre.
The appeals are against judgments delivered by the high court’s two single-judge benches.
- Who
- The Sikkim High Court and the five litigants with pending appeals are involved.
- What
- The high court cannot hear five pending writ appeals with its current working strength of two judges.
- When
- The Chief Justice of India’s bench acted on the letter on Friday.
- Where
- Sikkim High Court.
- Why
- The court has two working judges, one fewer than its sanctioned strength of three, and the appeals are against decisions of its two single-judge benches.
This story does not have two clearly opposing sides.
A Muhammed Mustaque became Chief Justice of the Sikkim High Court.
Meenakshi M Rai became Chief Justice of Patna High Court, reducing Sikkim High Court’s working strength to two.
A bench led by Chief Justice of India Surya Kant treated the Sikkim chief justice’s letter as a suo motu writ petition and sought a response from the Centre.
- Sanctioned strength
- 3 judges
- Working strength
- 2 judges
- Pending appeals
- 5 writ appeals
- Sikkim chief justice
- A Muhammed Mustaque
- Other Sikkim High Court judge
- Bhaskar Raj Pradhan
What people are saying
The continued pendency of these matters, owing to the aforesaid institutional constraint, may adversely affect the timely dispensation of justice and legitimate expectations of the litigants.
The situation, therefore, calls for appropriate consideration so that the appeals may be heard and adjudicated upon without undue delay.