Supreme Court allows four weeks to its Secretary General to file response

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

On Thursday, the Supreme Court has granted four week’s time to its Secretary General to file reply affidavit on a petition seeking appointment of Additional Judges in Supreme Court under Article 128 of the Constitution of India.

A petition was filed in 2019 by NGO Lok Prahari. The Advocate appearing on behalf of NGO said that, “This is not an adversarial matter. But none of the 15 respondents (being the Union of India, the Supreme Court & 13 High Courts) have filed a reply so far.”

Upon hearing, Senior Advocate ANS Nadkarni representing Secretary General of Supreme Court, seeking time to file the response, has submitted that “this matter of Additional Judges is for the Supreme Court and not for the Centre.”

Further, the petitioner’s Advocate has stated that there are numerous pending matters which are to be disposed by larger benches. He also added that, the Apex Court under Article 128 may consider procuring services of retired judges for regular matters so that sitting judges are freed for the larger benches.   

The three-Judge Bench headed by Chief Justice of India, S.A.Bobde, comprising with Justice A.S. Bopanna and Justice V.Ramasubramanian, while hearing a matter has emphasized that “it all appears very easy from the outside………..we will see…….we are not saying no to you….” And has granted 4 weeks to file a reply Affidavit.