‘Addl judge can practise in HC after resigning’

The Bombay high court on Monday ruled that an additional judge can practice as an advocate in the same high court he resigned from.

Division bench of Justice DY Chandrachud and Justice Ramesh Dhanuka observed that the bar on high court judges was not applicable to additional judges while dismissing a Public Interest Litigation (PIL), which sought a ban on the practice of five former judges. The PIL was filed by social activist Nitin Deshpande who said that once a high court judge resigned, he can only practice as an advocate in other courts.

Ashish Mehta, advocate for Deshpande, argued that Article 224 of the Constitution contemplates the appointment of additional judges to tackle temporary increase in workload. But the same has gradually led to the appointment of permanent judges.

Hence, Article 220, which imposes a bar on practising in the same HC, should be extended to additional judges, Mehta argued.

Counsels for the five former judges argued that unless they were appointed as permanent judges, they cannot be barred from practice in the HC.

The HC observed that the Constitution has drawn a careful balance between the independence of the judge and right of a person who held office to practise after demitting office.