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A Writ Petition (which is mandamus in nature) was filed before the Supreme Court on Thursday by the Youth Bar Association for the issuance of directions to the respondents which includes the Union of India and the Supreme Court Collegium to appoint judges as per their sanctioned strength and also seeking increased strength to make expeditious disposal of cases possible and mitigate the suffering of those who are suffering from the delayed justice.
The instant petition is a petition filed in Public Interest under Article 32 of the Indian Constitution as non appointment of judges is a violation of fundamental right of speedy trial. The functionaries are therefore violating the fundamental rights of citizens enshrined under Article 14, 19 and 21 of the Constitution.
The petitioner is an association registered under the Society Registration Act, 1860, registered as “YOUTH BAR ASSOCIATION” , its registration certificate has also been annexed with the petition. The petition has been filed by the association through its national president Sanpreet Singh Ajmani.
The petitioners have mentioned in the petition that if the directions which the petition seeks are not passed, the inadequacy in the number of judges in High Court will lead to violation of fundamental right of speedy trial. According to the petition, on a previous date, representations were made to appropriate authorities but no progress has happened since and therefore, this petition is being filed. This is the second writ petition filed by the association regarding similar matter. The previous petition was disposed by the court with the liberty to re-file as and when advised.
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