'Consider lower court lawyers for higher judicial posts'

Kannur : Capable lawyers practising in subordinate courts should also be considered for selection as High Court judges and denial of such an opportunity is 'discrimination and a violation of equal justice guaranteed by the Constitution,' Kerala's Director General of Prosecution said here.

'There is no mechanism in the state for making selections from among advocates practising in subordinate courts for the
posts of High Court judges,' T Asafali said here yesterday.


He noted that Under Article 217(2) of the Constitution, a person who had ten years' experience as advocate of a High
Court was qualified to be appointed as High Court judge.

The constitution bench of the Supreme Court in C P Agarwal vs C D Parikh (AIR 1970 SC 1061) had ruled that the phrase
'advocate of a High Court' meant a person who had been actually practising in High Court itself or a person enrolled
in a High Court but practising in subordinate courts, Asafali said.

He said thousands of advocates with proven ability and competence practising in subordinate courts were deprived of
the opportunity to be elevated as High Court judges.

A former president of the Lawyers Congress, Asafali was speaking at a reception accorded to him at the District Court
at Thalassery near here to felicitate him on his becoming Director General of Prosecution.