Punjab and Haryana HC faces crisis with 31-judge shortage

The Punjab and Haryana High Court is on the brink of a crisis with the retirement of a judge this week and no new appointments since November last year. The court is already grappling with a shortage of 31 judges. It is operating with just 54 judges against a sanctioned strength of 85.

The shortfall has led to a staggering backlog of 4,33,253 cases, including 1,61,362 criminal matters involving life and liberty. As many as 1,12,754 (26 per cent) cases in all categories are pending for over 10 years.

Justice Ritu Tagore retired upon attaining the age of superannuation on September 28, while five more judges are set to retire by 2025, including two more this year. As many as 15 judges are eligible for elevation from the category of district and sessions judges, but their appointments were stalled due to the absence of a regular Chief Justice for almost eight months. The position was left vacant after the retirement of Justice Ravi Shanker Jha in October last year.

Justice Sheel Nagu was finally sworn in as Chief Justice in July, after a prolonged vacancy following delay on the Centre’s part. But things could not move forward, apparently as the elevation of high court’s senior-most judge, Justice GS Sandhawalia, initially as the Chief Justice of the Madhya Pradesh High Court and then Himachal Pradesh High Court, was subsequently recommended by the Supreme Court. But it is yet to be notified by the Centre.

The last recommendation for the elevation of advocates as judges was made over a year ago by the High Court Collegium, which forwarded names to the Supreme Court Collegium for consideration. It, in turn, recommended the elevation of five. But the Centre notified the appointments of three. It did not act on the names of advocates Harmeet Singh Grewal and Deepinder Singh Nalwa. The Supreme Court Collegium reiterated its recommendation on their elevation on October 17, 2023, but their appointments remain pending.

The Supreme Court Collegium also recommended the elevation of advocate Rohit Kapoor in January. The High Court Collegium had originally proposed his name on April 21, 2023, with concurrence from the chief ministers and governors of Punjab and Haryana. Despite that, the appointment has not yet been finalised.

Even if fresh names are recommended by the High Court Collegium, the situation is unlikely to improve soon due to the protracted and complex appointment process. Once cleared by the states and the governors, the recommendations must pass through the Supreme Court Collegium before being forwarded to the Union Law Ministry and eventually for receiving the President’s approval.

A slight reduction in the pendency of legacy cases was witnessed during the first half of this year following an initiative aimed at streamlining the judicial system. But the high court remains in urgent need of more judges.

No new appointment since Nov last year

• The Punjab and Haryana High Court is operating with only 54 judges against a sanctioned strength of 85 as no new appointments have been made since November last year
• Justice Ritu Tagore retired upon attaining the age of superannuation on September 28, while five more judges are set to retire by 2025, including two more this year