INDIAN SOCIETY OF LAWYERS Vs. PRESIDENT OF INDIA

JUDGEMENT

(1.) WRIT petition No.4502 of 1982 was filed by Indian societies of Lawyers through its convenor Shri Ravi Kiran Jain, Advocate practicing at Allahabad High Court with the prayers to issue a writ of mandamus directing the respondents to appoint judges to the 12 vacancies in the Allahabad High Court without delay; to issue a direction directing the respondents to review the position arising out of arrears of pending cases in the High Court and to refix without delay the strength of judges of this Court in order to dispose of the arrears. The petitioners also sought the relief to abolish the posts of the additional judges, and to declare those posts as the posts of permanent judges, and fill them up appointing permanent judges on those posts.

(2.) IN Peoples Union for Civil Liberties U.P. Branch through its Joint Secretary v. State of U.P. (Writ Petition No.1533 of 1996) the petitioner has prayed for direction commanding the registry of the Court to place all the criminal appeals, criminal revisions, applications under Section 482 CrPC applications in which trials have been stayed and the criminal writ petitions before this Court, if such cases are pending for more than 4 years, and the accused in all such cases be acquitted and files of all such cases be consigned to record after passing orders of acquittal. The petitioners have also prayed for directions to declare that aforesaid type of cases have become infructuous and further holding that the accused in all such cases stand acquitted, on the ground that the speedy trial is fundamental right under Art.21 of the Constitution of India; appeal being continuation of trial, the accused in all the appeals, which are pending in the Court for more than 4 years are entitled to be acquitted.

(3.) SHRI Pushkar Mehrotra, Advocate of the Court filed Writ Petition No.28424 of 1997 for writ, order or direction in the nature of mandamus commanding the Chief Justice of the High Court to recommend the names from the members of the Bar, for being appointed as judges on the posts, which are lying vacant; a writ of mandamus commanding Union of India to review strength of the judges in the High Court; writ of mandamus commanding respondent Nos.1 to 4 to quash policy of having the quota of 40% judges from the subordinate judiciary and writ of mandamus commanding Chief Justice of this Court to comply with the order dated 3rd May, 1982 passed in Writ Petition No.4502 of 1982.