SC Relaxes Rules for HCs to Appoint Ad-Hoc Judges

In a significant move to tackle the pendency of criminal cases, the Supreme Court on Thursday allowed the high courts across the country to appoint retired HC judges on an ad-hoc basis, subject to conditions that they will only hear criminal appeals in a bench headed by a sitting judge.

- Abraham Thomas

NEW DELHI:

The order by a special bench comprising chief justice of India (CJI) Sanjiv Khanna and justices BR Gavai and Surya Kant will allow chief justices of high courts to initiate recommending names of retired HC judges for appointment. Each HC should keep the appointment to two to five ad-hoc judges and not exceed 10% of the total sanctioned strength, the bench said.

The bench modified and kept in abeyance certain conditions imposed by an earlier order of the top court. In April 2021, a three-judge bench headed by then CJI SA Bobde directed retired HC judges to be appointed as ad-hoc only ones for a period of two to three years. It also put certain conditions, including that the ad-hoc judges could not be appointed if a HC worked with 80% of its sanctioned strength, and that ad-hoc judges could sit separately on benches to deal with cases.