Supreme Court issued notices to centre govt and two additional judges of Rajasthan High Court on Tuesday, after hearing a petition filed by a lawyer seeking quashing of the appointment of the two judges.
A division bench of the Apex Court, headed by Justice Arjan Kumar Sikri and also comprising justice Ashok Bhushan,issued notice to the central government and two additional sitting high court judges – Justice Dr Virendra Kumar Mathur and Justice Ram Chandra Singh Jhala of the Rajasthan High Court.
The petition was filed by Rajasthan-based lawyer, Sunil Samdaria, seeking quashing of the appointment of two sitting judges of the Rajasthan High Court, as the same is in violation of provision of Constitution of India and as per the binding Judgments of Supreme Court earlier.
Samdaria told that these two appointments were contrary to law and they couldn’t be appointed, as the two additional judges had ceased to be member of judicial service and thus ceased to hold judicial office.
The two judges,Justice Mathur and Justice Jhala had retired from Rajasthan lower court on September 30,2016 and July 31,2016,respectively.
After retirement they had been appointed as additional judges of Rajasthan High Court, Samdaria in his petition claimed.