New Delhi: Today, i.e. on Tuesday 15th March, the honourable Supreme Court of India has decided to set up a Five- Judges Constitution Bench to debate the establishment of the National Court of Appeal. Moreover, the Attorney General- Mukul Rohatgi and Senior Advocate- K. K. Venugopal were asked by the Court to formulate questions for reference on 4th April, this year.
Opposing the setting up of the National Court of Appeal, Attorney General- Rohatgi said that it was not possible or desirable to have such National Court of Appeal, however, as per the statements of Senior Advocate- Venugopal, who favoured the setting up of the National Court of Appeal, said that the National Court of Appeal was established in Ireland, after 6 years of debate. Thus, as per his contentions, “State after State, is doing it”.
However, the Bench of the honourable Apex Court, comprising of Chief Justice of India- T. S. Thakur and Justice- U. U. Lalit said that the plea in this connection would be taken up before a Three- judges Bench on the next day and the bench would refer the matter to the Constitution Bench comprising of Five- judges of the Apex Court. The concerned Plea was preferred by the Chennai- based advocate- V. Vasanthakumar, and it is sought in the plea that it is for the forming of the National Court of Appeal. It was seen on 27th day of February, this year, the honourable Supreme Court has admitted the petition filed by the Chennai- based lawyer.
It is also notable that the National Court of Appeal with the benches would be set up in Chennai, Kolkata and Mumbai is meant to act as a final courts of justice, for dealing with the appeals from decisions came from the High Courts and Tribunals within their respective jurisdictions, in civil and criminal and also in labour and revenue matters. If such courts will be set up, then the Supreme Court will be hearing only the matters of the Constitutional laws and Public Laws.
Adv. Faim Khalilkhan Pathan