Guwahati, September 19
Gauhati High Court today faced a piquant situation for sometime when acting Chief Justice D. Biswas refused to hear cases put up before him on the expiry of Chief Justice B.K. Roy’s leave on Friday last and no information available on his leave extension till noon.
The Chief Justice had proceeded on leave on August 21 last, following the recommendation of the Supreme Court Collegium to transfer him to Sikkim. The seniormost Judge, Justice D. Biswas was made the acting Chief Justice till September 16 to cover the period sought as leave.
When cases were mentioned before Justice Biswas this morning, he declined to entertain prayers of lawyers to direct listing of cases on the ground that he has not been given the power of the acting Chief Justice beyond September 16.
Article 223 of the Constitution provides that when the office of Chief Justice is vacant due to the Judge taking leave, the President will appoint a Judge to perform the duties of the Chief Justice. Usually the seniormost Judge is appointed acting Chief Justice.
Justice Roy, however, did not resume duties on the expiry of his leave on September 16 and the high court was also not informed till noon about the extension of his leave.
The high court was informed in the afternoon that Justice Roy had extended his leave till September 22 following which Justice Biswas continued with the proceedings.
— PTI
