ALLAHABAD: The High Court Bar Association (HCBA) has raised significant concerns regarding the Supreme Court Collegium's recent proposal to appoint five retired judges to the Allahabad High Court as ad hoc judges. In a letter to the President of India, the HCBA described the decision as “inexplicable” and has sparked “widespread concern” among the legal community in Uttar Pradesh.

The letter, which was dated February 5 and publicized on Thursday, critiques the constitutional validity of the Supreme Court's actions. The HCBA contends that under Article 224-A of the Constitution, such appointments should be initiated by the Chief Justice of the respective High Court, pending the President's consent. They claim the Collegium’s decision does not adhere to this procedural framework.

The HCBA's critique extends to the selection process itself, calling attention to the lack of transparency in choosing the five judges—Justice Mohd. Faiz Alam Khan, Justice Mohd. Aslam, Justice Syed Aftab Husain Rizvi, Justice Renu Agarwal, and Justice Jyotsna Sharma. They argue that these selections appeared random, lacking the necessary discretion that should accompany appointments to constitutional roles. Furthermore, the association emphasizes that if these appointments are indeed a response to delays in processing regular candidates and increasing case backlogs, there should have been efforts to prioritize judges who have proven track records of efficient case management.

The Bar Association further elaborated that the absence of consultations with stakeholders, especially legal professionals who closely understand the court's needs, defeats the purpose of managing case pendency effectively. The proposed ad hoc appointments are seen as a short-term fix that may circumvent the established process of appointing regular judges to fill existing vacancies, raising questions about the long-term implications for the judicial system in Uttar Pradesh.

This contentious move by the Supreme Court Collegium underscores ongoing tensions regarding judicial appointments in India, leaving the Bar Association and the legal community to grapple with the future of the judiciary's operational integrity.