New Delhi: Attorney General Mukul Rohatgi on Tuesday informed the Supreme Court that constitution of the apex court as National Court of Appeal with four regional benches is neither feasible nor desirable.
Making this submission before a Bench of Chief Justice T.S. Thakur and Justice Uday Lalit, hearing a writ petition filed by advocate V. Vasantha-kumar for setting up of a NCA and four regional benches, the A-G said, “we are mixing up two things, viz NCA and regional benches.”
Ram Sankar who is assisting the petitioner said NCA is feasible. The A-G said the demand for four regional benches of the Supreme Court was considered by this court time and again and it was found not feasible as such benches will dilute the authority and jurisdiction of the SC.
The A-G said to say that NCA will ensure speedy justice is not correct. He said appeals under Article 136 of the Constitution cannot be amended as this Article will go if we put a cap on the number of appeals to be filed.
The A-G said, “If we say that only Supreme Court will hear constitutional issues then we will be striking at the cause of justice. This will not reduce arrears as this will add as another filter. He said the High Courts should be strengthened and the apex court should show restraint in entertaining appeals. Only in exceptional cases appeals should be entertained.”
The CJI said, “there is an illusion of justice. People in Kerala and N-E find it not feasible or desirable to come to this court. NCA will take justice nearer home but is it tinkering with the present SC; whether NCA is legally possible or will it dilute the authority of this court."
