Can filing of routine appeals not stop, SC asks law panel
Can filing of routine appeals not stop, SC asks law panel [Judiciary]
“No other Supreme Court presents such an undignified sight,” the Supreme Court quoted former Solicitor-General T.R. Andhyarujina in a judgment to describe its chagrin at its crowded courtrooms and corridors besieged by private litigants and cash-rich companies who file routine appeals, thwarting the highest court’s objective to decide cases of national interest.
Judges directed the Law Commission of India to file a report within a year on whether it is permissible to stop the filing of all appeals which are not of national and public importance.
It also wanted the Commission to consider the “desirability” of laws that allow parties, including the government, to file appeals against tribunal orders in the Supreme Court bypassing the High Courts.
It ordered the Centre to file an Action Taken Report on the Law Commission’s recommendations and said a three-judge Bench would hear the Centre in November 2017.
This judgment follows Chief Justice of India T.S. Thakur’s emotional appeal in the presence of Prime Minister Narendra Modi that the work burden of judges has become humanly unbearable.
The Supreme Court is also hearing a petition filed by Tamil Nadu-based advocate V. Vasanthakumar for setting up National Courts of Appeal with regional benches to hear civil and criminal appeals.
The rush of humdrum commercial and private appeals had thwarted SC’s constitutional objective to hear matters of only national and public interest.
Even an increase in the sanctioned strength of Supreme Court judges to 31 has not helped because they are busy hearing routine cases at the cost of pending constitutional matters.
The judgment endorsed former Solicitor-General T.R. Andhyarujina’s view that the Supreme Court started losing its character after 1990, when it began entertaining cases of all kinds.