In an unprecedented development seven newly appointed judges of Calcutta High Court took their oath on Monday without getting the routine ‘nod’ from the state government.
Before that the scheduled oath taking ceremony had to be put off as the state government did not sign the file of their appointment. Because of that the new judges could not assume their charge on Monday. As the new list of division benches were already announced by the chief justice of the Calcutta High Court, all the hearings had also to be suspended on Monday.
Finally, the chief justice Jaynarayan Patel arranged for the oath taking ceremony and the new judges took their oath. It was not clear whether the judges took their oath without waiting for the state government’s concurrence. It created quite a stir in the High Court Bar Association.
Later, the chief justice Jaynarayan Patel observed the development as ‘unprecedented’ when Arunabho Ghosh, a senior advocate of high court, raised the issue with him. Later, Moloy Ghatak, the state law minister, informed the media that the chief minister did put her signature on the file on April 5 and duly forwarded to the Governor of West Bengal. But the file did reach the High Court late because of the holidays.
However, the Bar Association pointed out that the procedure as set by a ruling of 1993 that there would be no role of the executives in deciding on the appointment of the Supreme Court and High Court judges.
Accordingly, a five judge panel of Supreme Court prepare the list of would be judges, and send it to the Prime Minister’s Office. The Prime Minister forwards the list to President of India and after getting President’s signature on it the file moves to Supreme Court. Supreme Court in turn sends it to High Court. From there the file goes to chief minister’s office. According to Bar Association people, the chief minister signs the file as the salary is to be paid from the state exchequer, and sends it to the governor. Once the governor puts his signature on it, the judge can take oath.