'Union Govt Making Attempts to Avoid Bench': CJI Gavai Slams 'Tactic'
The Wire Staff
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New Delhi: The Supreme Court on November 3 took a dim view of the Union government applying to refer several petitions challenging the Tribunal Reforms Act of 2021 to a Constitution bench while hearing was already underway.
“We are really shocked to know that the Union government will come up with such a stand. We don’t expect the Union to adopt such tactics," a bench of the Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran said. This two-judge bench has heard petitioners in the Madras Bar Association's case at length.
The bench also noted that while the proceeding in these matters had been pending since 2021, the Union government only filed the plea on November 1.
LiveLaw noted that a day ago, Attorney General for India R. Venkataramani, appearing for the Union government, told the Bench that the government had filed an application seeking to take the matter to a five-judge bench instead of the current one.
To the CJI's tactic remark, the Attorney General said, “With great respect, please do not call it a tactic.”
The CJI did not relent and said, “It is...after we have heard one party fully, after we have accommodated the learned AG on personal grounds...”
The CJI-led bench noted that it would refer the case to a larger bench only if it found merit in it.
"We will reject this application with an observation that the Union government is making attempts to avoid the bench," the CJI said, according to Times of India.
The apex court has adjourned the hearing to November 7.
LiveLaw noted that another bench of the apex court has earlier said that many retired high court judges have not been willing to accept tribunal appointments as proper amenities are not provided
Senior advocate Arvind Datar, for the Madras Bar Association, drew the apex court's attention during the November 4 hearing to the issue of appointments to tribunals such as the ITAT and CAT, submitting that merit lists were often disbanded and fresh selections held, the report said.
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