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”.
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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.
