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Retired judicial officers can be judges of High Courts, rules SC

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[vc_row][vc_column][vc_column_text]Supreme Court bench of Justices AK Sikri and Ashok Bhushan also says Additional Judges can be appointed to high courts for tenure of less than 2 years

In a landmark judgment that could significantly bring down the large number of vacancies for judges, the Supreme Court, on Friday (February 23) ruled that retired judicial officers can be appointed as judges of any High Court under Article 217(2)(a) of the Constitution of India.

Further, the court said that additional judges can also be appointed to high courts provided that their tenure is of less than two years and that the appointment is done in conformity with provisions laid down under Article 224 of the Constitution.

The judgement, passed by a Supreme Court bench of Justices AK Sikri and Ashok Bhushan, came in a petition filed by advocate Sunil Samdaria, who had challenged the appointments of two additional judges – Justices Virendra Kumar Mathur and Ram Chandra Singh Jhala – to the Rajasthan High Court. The top court has upheld the appointments of these two additional judges.

In his petition, Samdaria had submitted that the appointment of the said additional judges was a violation of Article 224.[/vc_column_text][vc_column_text css=”.vc_custom_1519376297857{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]Article 224, which deals with the “appointment of additional and acting judges”, lays down the following criteria:

  1. If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be, for the time being, increased the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years, as he may specify
  2. When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties
  3. No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty two years

Article 217(2)(a) of the Constitution which deals with appointment high court judges states:

A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and

(a) has for at least ten years held a judicial office in the territory of India…[/vc_column_text][vc_column_text]The petitioner had claimed that additional judges cannot be appointed to high courts under Article 224 for less than 2 years where pendency of cases is more than 2 years and that since the pendency of cases in the Rajasthan High Court was for a period exceeding 10 years, the appointment of the two additional judges for a tenure of less than two years was contrary to the constitutional provisions.

Samdaria had also argued that the Apex Court had, in Kumar Padma Prasad v/s Union of India, ruled that in order to qualify for appointment as a Judge of High Court under Article 217 (2) (a) of the Constitution of India, the candidate must hold judicial office in judicial service of the State. He had said that since the two additional judges had retired from the Rajasthan judicial service in 2016, thereby having ceased to hold judicial office, “they were neither qualified nor eligible to be appointed as Judge of High Court on the date of issuance of warrant of appointment by President of India”.

—With agency inputs, further details of the verdict are awaited

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India News

No FIR, no probe: Experts, politicians demand transparency in Justice Varma mysterious cash case

The controversy surrounding Justice Yashwant Varma over unaccounted cash and a suspicious fire has triggered rare political consensus and raised serious questions on judicial transparency.

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Yashwant Varma, justice verma cash controversy, Supreme Court collegium, corruption probe

In a rare show of political consensus, both ruling and opposition parties have come together demanding answers in the controversy involving Justice Yashwant Varma, after the alleged recovery of unaccounted cash from his residence and a subsequent mysterious fire. However, the incident, which unfolded without an FIR or any formal police investigation, has ignited a larger debate on judicial transparency.

Questions over transparency

Justice Varma, who has denied knowledge of the cash recovered from his residence, has been relieved of his duties in the Delhi High Court and repatriated to the Allahabad High Court, a move that was met with resistance from the local Bar Association. Meanwhile, a Supreme Court-formed three-member committee is investigating the matter.

Despite the high-profile nature of the case, no FIR has been lodged, and no formal forensic or police report has emerged to clarify the cause of the fire or the source of the cash. Legal experts and senior officials argue that such developments would normally lead to immediate action under income tax and anti-corruption laws for ordinary citizens.

Legal experts question silence

Legal voices across the board have called for equal treatment under the law. Several experts also pointed out that the police are obliged to investigate the discovery of unclaimed or suspicious assets under Section 102 of the CrPC (now BNSS). A retired judge emphasized that the law should compel an investigation into the ownership and potential criminal origin of the cash.

Calls for CBI probe

As demands for a Central Bureau of Investigation (CBI) probe grow louder, many believe the matter cannot be brushed aside. A senior advocate from Allahabad High Court alleged that something more serious might be hidden beneath the surface and warned against scapegoating.

The incident has also reignited the debate over the collegium system of judicial appointments. Justice L Narasimha Reddy, former Chief Justice of the Patna High Court, pointed out that the absence of the National Judicial Appointments Commission (NJAC) framework has left the system vulnerable to opacity and lack of accountability.

A test of judicial equality

The controversy has now become more than a singular issue. It is being viewed as a test of whether the justice system will uphold the fundamental principle of equality before the law. Experts and political leaders alike are demanding that judicial integrity be preserved through transparency and lawful action.

As the investigation awaits further clarity, the silence from enforcement agencies continues to fuel public suspicion, raising the core question: Can the law truly be equal for all?

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Journalist arrested for remarks against Chhatrapati Shivaji Maharaj and son

Journalist Prashant Koratkar, accused of making offensive remarks about Chhatrapati Shivaji Maharaj and Chhatrapati Sambhaji, has been arrested in Telangana and is being brought to Kolhapur.

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Chhatrapati Shivaji Maharaj

Maharashtra police have arrested journalist Prashant Koratkar in Telangana for allegedly making derogatory remarks about 17th-century Maratha ruler Chhatrapati Shivaji Maharaj and his son, Chhatrapati Sambhaji. The arrest follows widespread outrage over a viral audio clip and legal proceedings that culminated in the rejection of his anticipatory bail.

Arrest follows legal battle and public outrage

According to police, Koratkar was taken into custody in Telangana and is being brought to Kolhapur for further legal procedures. Kolhapur Superintendent of Police Mahendra Pandit confirmed the development, stating that the journalist will now face the legal process in Maharashtra.

The case stems from an audio conversation between Koratkar and Kolhapur-based historian Indrajeet Sawant, in which Koratkar allegedly made objectionable remarks. The recording, shared by Sawant on social media, sparked strong public backlash and demands for Koratkar’s arrest.

Koratkar was initially booked on February 26 under the Bharatiya Nyaya Sanhita provisions for promoting enmity between groups. Despite being granted interim protection from arrest by a sessions court until March 1, the Kolhapur police challenged the decision in the Bombay High Court, seeking cancellation of the relief.

On March 18, Additional Sessions Judge D V Kashyap in Kolhapur rejected Koratkar’s anticipatory bail plea. In his defense, Koratkar claimed his phone was hacked and the viral audio was doctored. He also issued a public apology and alleged that the audio was released with the intent to stir communal tension.

Maharashtra CM denies police inaction

Amid political criticism, Maharashtra Chief Minister Devendra Fadnavis dismissed claims that police were shielding Koratkar, who hails from his hometown of Nagpur. Fadnavis asserted that law enforcement was actively pursuing the case and would take action wherever Koratkar was found.

With his arrest now confirmed, Koratkar will face further legal proceedings in Kolhapur as authorities continue their investigation.

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Kunal Kamra breaks silence on gaddar controversy, says no regrets, no apology unless court directs

Comedian Kunal Kamra has said he won’t apologise for his ‘gaddar’ remark unless directed by the court. Amid the controversy, his Mumbai studio was vandalised by Shiv Sena workers and later demolished.

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Kunal Kamra, Gaddar remark, Eknath Shinde, Devendra Fadnavis, Habitat Studio, Mumbai vandalism, Shiv Sena, Maharashtra politics, freedom of speech, political comedy, Kamra controversy

Stand-up comedian Kunal Kamra has told Mumbai Police that he has no regrets about his controversial ‘gaddar’ (traitor) remark, which was reportedly aimed at Maharashtra Deputy Chief Minister Eknath Shinde, and made it clear that he would apologise only if court directed him to do so. This comes after Maharashtra government’s mounting pressure and Chief Minister Devendra Fadnavis’ apology demand.

Speaking to police from Tamil Nadu, Kamra also denied allegations of being paid by the opposition to target Shinde and offered full access to his financial records to prove his stand, sources revealed.

The controversy escalated further after Kamra’s Mumbai-based comedy studio, Habitat Studio, was vandalised by Shiv Sena (Shinde faction) workers on Sunday night, hours later the BMC demolished the studio citing an unspecified violation. Video footage showed a mob damaging property, throwing chairs, and burning Kamra’s photo outside a police station in Thane. All 11 accused were granted bail shortly after the incident.

Habitat Studio distances itself from Kamra’s remarks

The studio, which hosted the controversial episode of India’s Got Latent featuring Kamra, stated that it cannot be held responsible for comments made by performers. It announced a temporary shutdown, citing safety concerns and the need to evaluate how to promote free speech without endangering property and staff.

The term ‘gaddar’, used by Kamra, has been interpreted as a reference to Eknath Shinde, whose 2022 rebellion split the Shiv Sena and led to the fall of the Uddhav Thackeray-led government, paving the way for the BJP-Shinde alliance.

While BJP leaders filed multiple complaints against Kamra, Uddhav Thackeray’s faction hit back. Aaditya Thackeray called Shinde an “insecure coward,” and Priyanka Chaturvedi highlighted that Kamra never explicitly named anyone in his joke. Questioning the intolerance toward comedy and criticism, she said that their vandalism shows that there is truth in the joke.

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