September 13, 2018

On Thursday, Supreme Court dismissed a petition that seeks direction to the Centre to not to continue with the recommendation of the Supreme Court Collegium on the 'Appointment of a Lawyer' as a Judge of the Allahabad High Court. Bench comprising of CJI Dipak Misra & Justice D Y Chandrachud stated that there is "no merit" in the petition which was also "Not Justiciable".

The Bench told Adv. Ashok Pandey who has filed the petiton, "The Collegium has submitted its recommendation. It's a constitutional process. In the midst of a constitutional process, this petition isn't maintainable."

In response to Pandey's claim of allegations against the Lawyer whose name has been recommended by the Collegium & an FIR was also lodged against him & some others, the bench stated, "You've said in your petition that the FIR has been quashed".

Bench finally concluded dismissing the petiton,"There is no merit in the petition. It is not justiciable."

Petitioner sought direction to the Union Ministry of Law to not to proceed to appoint the Lawyer as a Judge of the Allahabad HC in compliance of the Collegium's recommendation  given the previous month.

He had also sought nullifying of the recommendation besides a probe by either the CBI or a Special Investigation Team (SIT) into the FIR lodged at Allahabad under various Sections of the Indian Penal Code (IPC) that includes Cheating and Forgery.

The petiton states that between the period of 2002 to 2007, an Agricultural Institute had filed 24 Writ Petitions before the Allahabad High Court and 5 petitions before the Apex Court in the name of dead and Non-Existent persons.

It was claimed in the petition that the High Court had ordered its Registrar to lodge an FIR in the case in which the Lawyer, whose name has been recommended by the Collegium, was also mentioned. It alleged that before the FIR was lodged, the Lawyer's name was recommended for appointment as Judge in the High Court but it was not processed later.

The petition mentioned that the Lawyer had filed a plea in the High Court seeking quashing of the FIR against him, which was in turn allowed by the Court.

After quashing the FIR against him, the Apex Court Collegium recommended his name for appointment as a Judge in the High Court on the ground that the state of Uttar Pradesh has not challenged the order quashing lodging of the case.

 

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