A public interest litigation (PIL) has been filed before the Delhi High Court, highlighting a critical issue of 40% judicial vacancies and urging prompt appointment of judges to ensure smooth functioning of the judiciary.
Advocate Amit Sahni has filed this PIL in person, bringing attention to the pressing problem of vacant judicial positions in the Delhi High Court. The Court, which has a sanctioned strength of 60 judges, is currently operating with only 36 judges, resulting in a vacancy rate of 40%.
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“This serious shortfall has arisen due to retirements, recent inter-court transfers, and inaction in appointing judges despite the constitutional mandate and existing Memorandum of Procedure (MoP),” the plea emphasizes.
The plea outlines several reasons for the existing judicial vacancies:
- Retirement of Judges: The recent retirement of Justice Rekha Palli and Justice Anoop Kumar Mendiratta has directly impacted the judge count.
- Inter-Court Transfers: The transfer of Justice Yashwant Varma, Justice C.D. Singh, and Justice Dinesh Kumar Sharma to other High Courts has further reduced the number of sitting judges.
- Upcoming Retirements: The expected retirement of Justice Dharmesh Sharma and Justice Shalinder Kaur in the coming months will lower the judge count to 34, worsening the situation.
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The PIL emphasizes that such a high vacancy rate adversely affects the general public, especially the middle and lower socio-economic sections, who face significant delays in accessing justice due to the overburdened court system.
“The issue raised in the petition is essential for speedy disposal of cases to avoid erosion of public faith in the judicial system,” the plea asserts.
According to the petition, the swift appointment of judges is not only in public interest but also crucial for the well-being of the sitting judges. It argues that excessive caseloads can impact the health, morale, and efficiency of the existing benches.
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The PIL has listed the Union Ministry of Law and Justice and the Delhi High Court as respondents, urging them to take necessary steps for filling the vacancies promptly.
Title: AMIT SAHNI v. UNION OF INDIA (MINISTRY OF LAW AND JUSTICE) THROUGH ITS SECRETARY AND OTHERS
