The Sikkim High Court is currently functioning with just two judges, Chief Justice A Muhammed Mustaque and Justice Bhaskar Raj Pradhan, against a sanctioned strength of three. Because intra-court appeals cannot be heard by the same judges who issued the original rulings, Chief Justice Mustaque asked Chief Justice of India Surya Kant to intervene. He requested that five pending writ appeals be transferred to another high court or resolved through alternative measures. In response, a three-judge Supreme Court bench converted the communication into a suo motu petition and sought the central government's input.
Key points
The Sikkim High Court lacks enough judges to convene the necessary division benches for i…: The Sikkim High Court lacks enough judges to convene the necessary division benches for intra-court appeals.
Chief Justice Mustaque warned that persistent procedural bottlenecks jeopardize the timel…: Chief Justice Mustaque warned that persistent procedural bottlenecks jeopardize the timely dispensation of justice for litigants.
The Supreme Court has initiated a suo motu case and formally requested a response from th…: The Supreme Court has initiated a suo motu case and formally requested a response from the Centre.
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NEW DELHI: Sikkim HC, with a sanctioned strength of three judges but a working strength of two, is unable to hear intra-court appeals against judgements rendered by two single-judge benches headed by the chief justice and the other judge.Pendency of appeals against single-judge bench's orders has forced Sikkim CJ A Muhammed Mustaque to write to CJI Surya Kant for issuance of appropriate orders "for facilitating transfer of five pending writ appeals to another high court or making such other suitable arrangement in the interest of justice".
A bench of CJI Kant and Justices Joymalya Bagchi and V Mohana Friday treated the Sikkim CJ's letter on the administrative side as a suo motu writ petition and sought response from the Centre.Sikkim CJ, in his letter, said, "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."Justice Mustaque became CJ of Sikkim HC on Jan 4.…
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