Oudh Bar Association President Writes To CJI Requesting Him Not To Propose Elevation Of SC Advocates As Allahabad HC Judges

The President of the Oudh Bar Association has written to the Chief Justice Of India UU Lalit requesting him not to propose the elevation of advocates practicing in the Supreme Court as Allahabad High Court Judges.

Oudh Bar Association President Rakesh Chaudhary has made this request in connection with a recent statement made by Senior Advocate Vikas Singh in his capacity as President, Supreme Court Bar Association (SCBA) wherein he had purportedly said that the appointment of Supreme Court Advocates for elevation as Judges of High Court should be considered because Advocates Practicing at Supreme Court are more meritorious than Advocates practicing at High Court.

Mr. Chaudhary has stated that the elevation of advocates practicing at the Supreme Court as High Court judges would be contrary to the Constitutional Mandate provided under Article 217 of the Constitution of India.

"...any proposal for elevation of Advocates practicing at Supreme Court be considered for elevation for High Court Judge, is not only against the provision of the Constitution of India, as the qualification provided for the office of a High Court Judge is that the Advocate must have practice at High Court but also against the propriety," the letter states.

Further, stressing that the Allahabad High Court is functioning with almost half of the strength of Judges at the High Court, the letter adds that the names of several meritorious advocates practicing at the High Court for elevation as High Court judges are pending consideration. The letter also stresses that many such lawyers have given their entire life to the profession and therefore, they truly deserve to be elevated as Judges of the High Court.

The letter further says that the proposal to elevate those Advocates, who have never practiced before the Allahabad High Court will not only demoralize the hard-working advocate of the HC, but the same would also raise a doubt about the fairness of the system

Thus, the letter states that in order to build faith and trust in the common man in the judiciary and also to encourage the hard-working lawyers, and to evolve a future generation of Hard Working Lawyer at the High Court level, it is important that only the Advocates practicing at High Court be considered for elevation to the High Court.

"I on behalf of the Oudh Bar Association and its members hope and trust that your Lordship may kindly be pleased not to give any assent or consent for the elevation of Advocate practicing at Supreme Court to the office of High Court Judge," Mr. Chaudhary's letter concludes.