Based on a report by Bar & Bench
Shillong High Court Bar Association has challenged the appointment of Delhi-based lawyers who do not practice in Shillong who have been elevated as Senior Advocates by the Meghalaya High Court in the year 2014-15. According to the petitioners, in 2014, Shri Aman Sinha was made Senior Advocate in violation of the Rules framed by the High Court itself.
Two more Delhi based lawyers were made Seniors in 2015 after the High Court amended the criteria prescribed by the Rules, allegedly to facilitate the appointment.
While the original Rules mandated a 5-year practice in the High Court for an advocate to be eligible for designation, this was later amended to 10-year practice in any court in India. Another major change to the rule was that any 3 lawyers could recommend an applicant’s name for the gown, as opposed to the earlier condition, which required that the recommending lawyer should also be from the High Court.
Shillong High Court Bar Association has sought quashing of the 3 Senior designations, as well as the Rules framed by the High Court. The matter came up for hearing before the Division Bench of the Supreme Court comprising Justice JS Khehar and C Nagappan J. They had a brief discussion and proceeded to issue notice even before the Senior Advocate Meenakshi Arora, petitioner advocate could make her submissions. Justice Khehar said that the case deserves to be heard.
[Read the 2015 notification designating 4 lawyers as Senior Advocates here. Two out of the four are allegedly based in Delhi.
Read the 2014 notification designating 3 lawyers as Senior Advocates here. The petitioner has alleged that one of these three lawyers was given the gown though he did not fulfill the criteria set by the High Court.]
yes they have rightly challenged it.