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It's the petitioner's case that the inordinate delay in the designation of Senior Advocates amount to arbitrariness thereby violating Article 14 of the Constitution.
A petition has been filed before the SC seeking directions to be issued to the Patna HC to designate eligible lawyers practicing before the HC as Senior Advocates in terms of the guidelines laid down by the SC in the 2017 case of Indira Jaising v. Supreme Court.
The petition filed by advocate Sanjay Kumar, who practices before the HC, has highlighted that no new Senior designations have taken place at Patna HC for the past 5 years.
This he claims is adversely affecting the deserving lawyers practicing before the HC besides being in contravention of the guidelines laid down by the SC.
" The intervention of this Hon'ble Court is sought in view of the fact that no new Senior advocate has been designated at the HC of Judicature at Patna for over the last five years which is in contravention of the guidelines and norms laid down by this Hon'ble Court in the case of Indira Jaising v. SC", the petition drew by advocate Suraj Samdarshi and Filed through advocate Pankaj Bhagat states.
It's the petitioner's case that the inordinate delay in the designation of Senior advocates amounts to arbitrariness which in turn is violative of Article 14 of the Constitution which is the antithesis to arbitrariness.
Various controversies had arisen in various High Courts which eventually led to the SC taking up the issue of Senior designations and laying down guidelines to be followed by high courts while conferring the gown.
"The Hon'ble SC after considering the contention raised by all the stakeholders framed and laid the law in the case of Indira Jaising v. SC... That the Hon'ble SC directed all the Hon'ble High Courts to formulate norms/guidelines governing the exercise of the designation of Senior advocate by modifying the existing guidelines/norm by incorporating the guidelines provided by it in the said case, "the petition has said.
Pursuant to the directions of the top court, the Patna HC framed the HC of Judicature at Patna Rules, 2019.
The Rules envisage a permanent committee of the HC known as the "Committee for Designation of Senior Advocates" to consider and process the requests from lawyers for Senior designation.
As per the Rules, the Committee has to meet at least once every year. Despite the same, no designations have happened in the last 5 years, the please claims.
The petition has also pointed out that the HC did invite applications for Senior designations in July 2019. Pursuant to that, 117 applications were received.
The Registrar General of the HC then published the 117 application summaries on the official website portal of the HC. A time period of 30 days was also granted to the members of the Bar and others concerned for providing suggestions/views/objections.
The said 30-day period expired on September 18, 2019, but no progress has been made thereafter, the petitioner has contended.
The petition has, therefore, prayed for SC to intervene and direct the Patna HC to designate eligible advocates as Seniors.
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