CHENNAI: Stating that the higher judiciary in Tamil Nadu is "totally crippled" and is facing a "constitutional breakdown," the Madras High Court Advocates Association (MHAA) has called for expeditious clearance to 17 names recommended for appointment as Judges.

In a memorandum addressed to the President, Prime Minister and the Union Ministers for Law and Home, MHAA president S. Prabakaran said: "The collegium of the Madras High Court has recommended 25 names for appointment as Judges. I am given to understand that 17 names have been approved by the Supreme Court, and the file has moved to the Union Law Ministry for further process. However, I am informed that the process of appointment has run into rough weather due to vested interests."

Arrears of cases were mounting and there were no judges to deal with several branches of law, including writ petitions and appeals, quash petitions, original side suits and second appeals, he said. In the Madurai Bench of the court, even anticipatory bail and bail petitions were taking more than a week to be listed for hearing.

The file was getting blocked at different stages and no valid reason was being given for the delay, Mr. Prabakaran said and expressed concern over the spate of letters from lawyers opposing new appointments.

"These complaint letters should not be given any credence. The so-called complaint letters are sent to create fear in the mind of judges and would-be judges so that they will fall in line with the vested interest group. It is a clear threat to the independence of the judiciary."

The recommendation of the collegium of the High Court and the approval by the Supreme Court collegium alone should be given credence. The complaints, if any, from any "vested interest lawyers" would unnecessarily delay the constitutional process of appointment. "The association stands by the recommendation of the High Court," he said.

"The approved list should be immediately processed for appointment and anyone who is the reason for the delay should be exposed and made answerable," Mr. Prabakaran said. "The judiciary in our State has come to a standstill and is in a bad shape and, therefore, the process of appointment needs to be taken on a war-footing."

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