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BackWith working strength of just 2, Sikkim HC unable to hear intra-court appeals
With working strength of just 2, Sikkim HC unable to hear intra-court appeals
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Times of India2 hours agoLaw2 min readIndia

With working strength of just 2, Sikkim HC unable to hear intra-court appeals

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Sikkim High Court Chief Justice A Muhammed Mustaque has written to Chief Justice of India Surya Kant requesting transfer of five pending writ appeals to another high court, as the court's working strength of two judges prevents hearing intra-court appeals against single-judge bench orders.

AI-generated summary

Why It Matters

Sikkim High Court has a sanctioned strength of three judges but a working strength of two, preventing it from hearing intra-court appeals against judgements rendered by two single-judge benches headed by the chief justice and the other judge. Justice Mustaque became CJ of Sikkim HC on January 4. In June, the HC's first woman judge Meenakshi M Rai became CJ of Patna HC, reducing Sikkim's working strength to two.

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NEW DELHI: Sikkim HC, with a sanctioned strength of three judges but a working strength of two, is unable to hear intra-court appeals against judgements rendered by two single-judge benches headed by the chief justice and the other judge. Pendency of appeals against single-judge bench's orders has forced Sikkim CJ A Muhammed Mustaque to write to CJI Surya Kant for issuance of appropriate orders "for facilitating transfer of five pending writ appeals to another high court or making such other suitable arrangement in the interest of justice".

A bench of CJI Kant and Justices Joymalya Bagchi and V Mohana Friday treated the Sikkim CJ's letter on the administrative side as a suo motu writ petition and sought response from the Centre. Sikkim CJ, in his letter, said, "The continued pendency of these matters, owing to the aforesaid institutional constraint, may adversely affect the timely dispensation of justice and legitimate expectations of the litigants. The situation, therefore, calls for appropriate consideration so that the appeals may be heard and adjudicated upon without undue delay." Justice Mustaque became CJ of Sikkim HC on Jan 4. In June, the HC's first woman judge Meenakshi M Rai became CJ of Patna HC, reducing Sikkim's working strength to two, the other judge in the HC being Justice Bhaskar Raj Pradhan.

What to Watch

AI outlook — possibilities, not facts

  • The Supreme Court will issue orders facilitating transfer of the five pending writ appeals to another high court or make other suitable arrangements.

    Likely · Within weeks

Open Questions

  • Which high court will the five pending writ appeals be transferred to, if any?
  • What specific orders will the Supreme Court issue in response to the Sikkim CJ's letter?
  • When will the Supreme Court hear the Centre's response to the suo motu writ petition?

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This article was originally published by Times of India.

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