Lawyers oppose creation of another district judge post at Rouse Avenue court

The Delhi Bar Association (DBA) has approached the Lieutenant Governor against the creation of another post of a district judge for the central district for heading the new Rouse Avenue court complex here. The central district already has a district judge at Tis Hazari court complex. The new court complex, to be inaugurated on April 8, would start functioning from Tuesday.

Besides opposing the post of district judge cum special judge (PC Act) at Rouse Avenue court, the lawyers are also seeking revocation of the post of chief metropolitan magistrate (CMM) proposed to be posted at the building. The DBA lawyers have sought immediate action on the issue. In the letter, which has also been sent to Delhi Chief Minister Arvind Kejriwal and Law Minister Kailash Gahlot, the lawyers said the Delhi High Court has assured the DBA that no revenue/sessions district has been created for the Rouse Avenue complex which falls within the territorial jurisdiction of central district.

"In the light of the aforesaid, you are requested to put the sanction on the post of district judge cum special judge (PC Act) and for the post of CMM/ACMM on hold/ cancel the same at the earliest since this sanction tantamounts to creation of new revenue as well as session district within the central district," it stated. The lawyers added that the bar strongly feels that creation of such post is against the established norms and procedure as the post of district and sessions judge or the post of CMM is created only for a defined territory and not for a particular subject or building.

The letter, dated April 2, said the Delhi government has already created 11 judicial districts on the lines of revenue district courts and the area of Rouse Avenue falls within the territory of Central district which is headed by District and Sessions Judge (HQ) and also has the CMM. "Therefore, creating another post in the same area amounts to subverting the judicial and administrative powers given to the existing D&SJ and CMM who are handling the cases in the central district," it said.

DBA said the sanction granted for creating the post is legally impermissible and is in violation of orders of the Supreme Court passed in 2000 and 2008. The lawyers alleged that it is also in violation of the norms of judicial discipline and propriety wherein a junior most official has been given the charge of the newest court complex while ignoring the calibre and merits of many other judicial officers who also could be posted only as a judge in-charge but not as a full-fledged D&SJ.

All the courts relating to Prevention of Corruption Act and Anti Corruption Branch will be relocated to the Rouse Avenue court complex. 24 Special Judges (PC Act) (CBI) and two Special Judges (PC Act) (ACB) will be functioning there. After Lawyers protest earlier, the high court had sent a note to the lawyers that the new court complex will merely function as a court complex to house all special judges (PC Act) and ACB. The jurisdiction of special judges is not restricted to sessions division but extends to the whole Delhi.

On the charge of having carved out a new district, the high court had said the misunderstanding with regard to creation of a separate district at Rouse Avenue complex within central district . It had said presently there are 11 revenue/ judicial districts in Delhi and it shall continue to do so until and unless the Delhi government initiates the process to increase the number.

(With inputs from agencies.)