SC: Plea against excluding Advocates as Presiding Officers

Advocates Lawyers Law Insider (1)

Greeva Garg–

Published on: August 10, 2021 at 15:15 IST

A plea in the Supreme Court has been filed by the Debt Recovery Tribunal Bar Association, Delhi, for excluding advocates from applying for the post of the presiding officer in Debt Recovery Tribunal and Debt Recovery Appellate Tribunal.

The petition challenged the Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience, and other Conditions of Service of Members) Amendment Rules, 2021.

The petition stated that “The rules are illegal and arbitrary since the same rules allow advocates to be appointed judicial member, presiding officer/chairman for nine tribunals and appellate tribunals.”

The plea also notified the Court about the advertisements issued by the Centre for call of application for the post of the presiding officer in the Debt Recovery Tribunals, which is contrary to the Supreme Court’s recent Judgement in Madras Bar Association Case.

Senior Counsel Rakesh Kumar Khanna, appearing for the petitioner, sought a grant of interim relief to allow lawyers to apply for the post of a presiding officer.

Concerning the plea, the Division Bench comprising Justice L Nageswara Rao and Justice Aniruddha Bose has issued a notice to the Central Government but refused to grant any interim relief.

“We are afraid that we cannot pass such an interim order before we hear arguments on the validity of the rules,” the bench said.

Also Read: Rights of Advocates under the Advocates Act, 1961

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