Supreme Court - Daily Orders
Indian Railway Advocates Bar ... vs Union Of India on 26 October, 2020
Bench: D.Y. Chandrachud, Indu Malhotra, Indira Banerjee
WP(C) 1058/2020
1
ITEM NO.23 Court 6 (Video Conferencing) SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.1058/2020
INDIAN RAILWAY ADVOCATES BAR ASSOCIATION Petitioner(s)
VERSUS
UNION OF INDIA & ANR. Respondent(s)
Date : 26-10-2020 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MS. JUSTICE INDU MALHOTRA
HON'BLE MS. JUSTICE INDIRA BANERJEE
For Petitioner(s) Ms. Meenakshi Arora, Sr. Adv.
Ms. Monisha Handa, Adv.
Mr. Mohit D. Ram, AOR
For Respondent(s) Mr. K.K. Venugopal, AG
Mr. S.V. Raju, ASG
Mr. Zoheb Hossain, Adv.
Ms. Chinmayee Chandra, Adv.
Ms. Sairica S. Raju, Adv.
Mr. Raj Bahadur Yadav, AOR
UPON hearing the counsel the Court made the following
O R D E R
1 Mr K K Venugopal, learned Attorney General for India has informed the Court that four names were recommended by the Appointments Committee of the Cabinet for filling up the posts of Judicial Members in the Railway Claims Tribunal, of whom, two are members of the Bar. However, Signature Not Verified it has been stated that the process in the present case was initiated under Digitally signed by ARJUN BISHT Date: 2020.10.27 the 2017 Rules, which were held to be ultra vires by the decision of the 18:15:29 IST Reason: WP(C) 1058/2020 2 Constitution Bench in Rojer Mathew vs South Indian Bank Ltd and Others [Civil Appeal 8588 of 2019].
2 The Learned Attorney General submitted that a Bench presided over by Hon’ble Mr Justice L Nageswara Rao has reserved judgment in Writ Petition (C) No 804 of 2020 (Madras Bar Association vs Union of India ) on the validity of the 2020 Rules, which were made, following the decision of the Constitution Bench. The Attorney General stated that the issue as to whether the 2020 Rules can be made operational with effect from May 2017, so as to obviate a regulatory vacuum and whether members of the Bar should be treated to be eligible for appointment to the tribunals are among the issues being considered.
3 Since similar issues are pending before the Bench presided over by Hon’ble Mr Justice L Nageswara Rao, we request the Registry to place the Petition before that Bench subject to obtaining appropriate administrative directions of the Hon’ble the Chief Justice of India.
(Chetan Kumar) (Saroj Kumari Gaur)
A.R.-cum-P.S. Court Master