ಲಗತ್ತಿಸಲಾಗಿದೆ

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Senior Advocate S Basavaraj has urged the Supreme Court collegium to adopt the system of “objective assessment of relative merit” of the candidates for elevation as High Court Judges.

The letter reads;

The procedure of circulating the judgments of the High Court Judges prospective candidates and making an objective assessment of their relative merit and scrutinising the judgments authored by High Court judges who are under consideration for elevation to the Supreme Court was introduced recently.

I am given to understand that the collegiums of various High Courts including the Karnataka High Court have sent names of learned Advocates for being elevated as Judges of the High Courts.

In this regard I respectfully request the Collegium of the Hon’ble Supreme Court to adopt similar criteria for appointment of High Court judges from the Bar. This suggestion/comment is prompted by the fact that many candidates have not appeared or argued any case let alone being part of reported Judgments.

While considering the proposal for Senior Advocate designation, the Committee thoroughly scrutinises relative merit of the learned Advocates.

This includes scrutinising the cases argued by them, reported judgements, articles and probono work.

Hence, I request your goodself to kindly adopt an objective assessment of the relative merit of the Advocates. The best way to assess is to call for details which are required for designation of a Senior Advocate.

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During the interactive session with office bearers of various Bar Associations on 26th November 2022 at Tumkur, we had a pleasant surprise. Justice Sreenivas Harish Kumar of the Karnataka High Court revealed/informed that all his judgments, except the one dictated in the open court, are hand-written by him. This gives complete command over the facts of the case and clarity of thought he added.

Very few judges have/had this ability of writing judgements by hand. I think Shri. Mahadevappa, Dist Judge would type his judgements on his old typewriter. Justice Padmaraj of the Karnataka High Court would prepare elaborate notes at home/chamber and dictate the judgments in the open court.

Many Advocates draft their pleadings by hand.

“Writing elaborate judgments by hand is a tedious job. But delivering handwritten, landmark and authoritative judgement brings utmost satisfaction. Handwriting of letters is gone with the advent of sms & whatsapp. I am really happy that his lordship preserves the art of hand-writing” – says another Judge.

S.Basavaraj, Senior Advocate, Bengaluru.

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Daksha Legal Monthly Digest – September 2022.
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Karnataka High Court (Principal Bench) has, perhaps for the first time, disposed cases more than the filing rate.

The “Virtual Justice Clock” (digital information provided on the Karnataka High Court website) gives monthly details of “cases instituted in last month” and “cases disposed in last month” apart from other details such as (1) Cases filed by Senior Citizen (2) Cases filed by Woman (3) Cases pending for last 1 year, 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 20 years, 20 to 30 years and above 30 years.

The cases instituted in September in the Principal Bench of the Karnataka High Court were 6594 and the disposed cases were 6977 i.e. more than 400 cases.

The cases instituted in September in the Dharwad Bench of the Karnataka High Court were 2119 and the disposed cases were 2007.

The cases instituted in September in the Principal Bench of the Karnataka High Court were 1074 and the disposed cases were 770.

The increase in number of judges has also contributed to disposal of cases. However, the fact remains that the efficiency of the Karnataka High Court in the matter of disposal of cases on merits has always been exemplary.

I had the opportunity of hearing the speech delivered by Justice  Sudhanshu Dhulia, Judge, Supreme Court of India in the Bar Council Seminar held in Guwahati on 10 September 2022. His lordship said “I am not so much worried about pendency of cases . I am worried about the day a client loses faith in the judicial system and stops approaching the Courts.”

While this is the harsh reality, interim orders granted by the Constitutional Courts and pendency of cases certainly act as deterrent for the Executive from indulging in arbitrary and illegal acts. An interim order granted in one matter will prevent the subordinate Courts and the Executive from passing illegal orders.

There was a Judge in Karnataka High Court (who ultimately made his way to SC as CJ) who was known for his infamous “Consider and Pass Orders” decisions. Thousands and thousands of cases which ought to have been heard on merits and ‘decided’ were ‘disposed’ under this “Consider and Pass Orders” category resulting in grave injustice. Such practice cannot be certainly called speedy justice.

Fortunately we see the finest combination of patient hearing and deciding of cases on merits in Karnataka High Court. There is a perfect balance in this regard. I am sure unnecessary pendency of cases will be a thing of the past soon with the hard-work and strong determination being exhibited both by the Judges and the Lawyers.

S.Basavaraj, Senior Advocate and Chairman, Karnataka State Bar Council Law Academy, Bengaluru

-Ms. Nayana Tara B.G, Advocate, Bengaluru
If the life and ways of Justice E.S. Venkataramiah are to be stated in a nutshell, the line that instantly comes to mind is one by Rudyard Kipling “if you can walk with Kings nor lose the common touch.
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