First gen lawyers of poor background have become judges too:SC

The Supreme Court today rejected the allegation of bias in appointing judges in the higher judiciary, saying that even first generation lawyers belonging to poor background have made to the bench.

The top court rejected the contention that common lawyers with no judicial backup or poor background are not considered for appointment as judges in the higher judiciary.

"It is to be clarified that not everyone can be considered. There are even first generation judges from poor background (have been appointed)," a bench of Justices Adarsh Kumar Goel and U U Lalit said.

The bench was hearing a plea filed by advocate R P Luthra challenging the appointment of judges in the higher judiciary on the ground that the Memorandum of Procedure (MOP) as mandated by apex court in its verdict passed in 2015, has not been finalised.

The bench said if there are only two vacancies, then only two most-deserving candidates out of 100 have to be considered.

"We can't accomodate everyone. This is not possible. The argument that first generation lawyers and those from poor backgrounds are not considered, is wrong," it said.

Luthra said his argument was that in the MOP a mechanism should be devised that lawyers even from humble backgrounds are considered for appointment as judges in higher judiciary.

"They (first generation lawyers from poor backgrounds) are not at all considered in the first place. Every advocate should get chance. The MOP should have some mechanism," Luthra said.

The bench said it was rejecting the prayer which challenges the appointment of judges in apex court and high courts on the ground of delay in finalisation of MOP but would consider the issue, as further delay in finalisation is not in larger public interest.

It issued notice to Attorney General K K Venugopal returnable by November 14 and appointed senior advocate K V Viswanathan as amicus curiae to assist in the matter.