Justice v. S. Dave President, the Association of Retd. Judges of Supreme Court and High Courts VS Kusumjit Sidhu
2025-04-15
ABHAY S.OKA, UJJAL BHUYAN
body2025
DigiLaw.ai
ORDER : 1. List on 29th April, 2025 at 2.00 p.m. 2. We request the learned senior counsel appointed as Amicus to go through the compliance affidavits filed by the States reporting compliance with the directions issued under earlier orders as well as the order dated 18th May, 2025. We request the learned Amicus to submit a chart to this Court indicating the extent of compliances made by various States. We are putting the State to the notice that if we find non-compliance, action under the Contempt of Courts Act, 1981 will be initiated. 3. Our attention is invited to paragraph 9 of our order dated 18th February, 2025 which reads thus: "9. We also make it clear that all the reimbursements, as directed under the orders of the Court, shall be made by the concerned State Governments. When we say the concerned State Governments, it will be the State Government where the seat of the High Court is situated from which the learned Judge has retired. Obviously, the concerned State Government shall reimburse even if the treatment is taken in a hospital outside that State." 4. It is pointed out that there are cases of Judges who are appointed in one particular High Court but have retired as judges of some other High Court as they were transferred. Therefore, direction contained in paragraph 9 is clarified as under: "When we say the concerned State Government, it will be the State Government where the seat of the High Court is situated in which the retired Judge was firstly appointed or the State Government where the seat of the High Court is situated from which the learned Judge has retired." 5. We permit the States to file fresh affidavits within a period of one week from today. The States will forward copies of the affidavit to the learned Amicus Curiae.