PIL in Madras HC seeks to declare judge selection void

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Chennai: Less than a week just after Justice Subramonium Prasad was appointed further choose of the Madras high court, an advocate has approached the court to declare the appointment as null and void.

Noting that Justice Prasad had not practised as an advocate possibly in the significant court, its subordinate courts or tribunals for a least time period of 10 many years as necessary, advocate M Radhakrishnan claimed, “The appointment of Justice Subramonium Prasad as an further choose with outcome from June 4 is null and void, as he is not qualified for it below Short article 217(2)(b) of the Structure.”

Relying on a nine-judge bench order of the Supreme Courtroom, which held that the Chief Justice of India and the two senior most judges of the Supreme Court should type the viewpoint in regard to a particular person to be recommended for appointment to a significant court, he claimed considering that Justice Prasad had never practiced law in Madras significant court, its collegium had no celebration possibly to evaluate his general performance or enjoy his potentiality to be a choose.

In the absence of any content touching the suitability of Justice Prasad for appointment as a choose, the significant court collegium could not have shaped any viewpoint at all, he claimed.

“Any viewpoint of the collegium could at greatest be described as 1 primarily based on secondary resources. These an viewpoint can hardly ever be the 1 arising out of powerful session between the constitutional functionaries in the significant court collegium. So, there was no powerful session between the constitutional functionaries as contemplated by the Supreme Courtroom ruling,” he claimed. The scenario is very likely to be taken up for listening to on Monday.

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