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Supreme Court allows High Courts to recommend appointment of retired judges on ad-hoc basis

In order to tackle pendency and clear the backlog of pending criminal appeals, the Supreme Court has permitted the High Courts to recommend appointment of retired judges on an ad-hoc basis.

The order was passed by a Special Bench of Chief Justice of India Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant on Wednesday.

The Apex Court recorded in it’s order that each High Court would be able to appoint two to five judges ad hoc judges by taking recourse to Article 224A. In any case, the number should not exceed 10 percent of the sanctioned strength of that particular High Court, it added.

The ad-hoc judges would sit with regular judges in Division Benches.

The Apex Court further held that the memorandum of procedure in place should be applied and resorted to for such appointments.

The Bench said that it would re-assemble for further directions, in case the need arose. It further granted liberty to the parties to move an application, if required.

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