Confusion in Gauhati High Court
GUWAHATI, Sept 19 (PTI): Gauhati High Court for a considerable time today faced a piquant situation in the absence of a regular Chief Justice or an acting Chief Justice following Chief Justice BK Roys leave expiring on September 16 and no information received till noon about its extension.
The Chief Justice had proceeded on leave with effect from August 21 last, following the recommendation of the Supreme Court Collegium to transfer him to Sikkim, and the senior-most judge, Justice D Biswas was made the acting Chief Justice till September 16 to cover the period sought as leave.
When cases were mentioned before Justice Biswas this morning, he declined to entertain prayers of lawyers to direct listing of cases on the ground that he has not been given the power of the acting Chief Justice beyond September 16.
Article 223 of the Constitution provides that when the office of Chief Justice is vacant due to his taking leave, President will appoint a judge to perform the duties of the Chief Justice and usually the senior-most Judge is appointed as the acting Chief Justice.
Justice Roy, however, did not resume duties on the expiry of his leave on September 16 and the High Court was also not informed till noon today about the extension of his leave.
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