The direction by a bench of Chief Justice D N Patel and Justice C Hari Shankar came on a plea moved by a Delhi resident challenging a circular issued by the District and Sessions Judge (DSJ) of Saket court stating that only lawyers practising there would be considered for empanelment as local commissioners.
The Delhi High Court on Wednesday ordered setting up of a committee to examine framing of rules for empanelment of local commissioners in the Saket District court. The direction by a bench of Chief Justice D N Patel and Justice C Hari Shankar came on a plea moved by a Delhi resident challenging a circular issued by the District and Sessions Judge (DSJ) of Saket court stating that only lawyers practising there would be considered for empanelment as local commissioners.
The bench said the DSJ cannot frame such rules and the same has to be done by the high court according to provisions of the Civil Procedure Code (CPC). “This matter will go to the committee set up under section 123 of CPC,” it said. The bench directed constitution of the committee within a week and ordered it to examine the issues raised in the petition. With the direction, the court disposed of the plea by Abhijit Mishra, who claims to be a financial economist.
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Mishra, in his plea, had contended that the circular issued by office of the DSJ of Saket court was “biased and discriminatory in nature” as it was seeking applications only from advocates who are members of the Saket Bar Association with 3-7 years of experience. “The criteria requirements of the circular for the empanelment of the local commissioners, brings the bias and discrimination in the application and selection process.
“The office of the District and Sessions Judge (South) Saket District Court is being biased and favouring only the applicants who are having registration number/ membership number of the Saket Bar Association, thereby discriminating other applicants who are enrolled with another bar associations,” the petition had claimed. The plea had also alleged that the circular discriminates against applicants “who do not have a chamber in the Saket District Court or office and or residence in area other than south or southeast districts”.