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Consider plea on court of appeal: Supreme Court to government

Posted on Feb 28 2014 | IANS

New Delhi, Feb 28 : The Supreme Court Friday asked the government to consider a representation for the establishment of a National Court of Appeal (NCA) to hear civil and criminal appeals with four regional benches in Delhi, Mumbai, Kolkata and Chennai.

Petitioner V. Vasanthakumar told the bench of Chief Justice P. Sathasivam and Justice Ranjan Gogoi that the NCA with four regional branches will act as a constitutional court.

The petitioner said the NCA would refer to the Supreme Court matters that involved the interpretation of constitutional provisions and related questions and that the Supreme Court be declared constitutional court on matters related to constitutional and public law.

The court issued notice to the central government on the prayer of the petitioner seeking direction to the government to consider his representation to implement the apex court's 1986 suggestion to set up the NCA.

The plea said the Supreme Court in 1986 had said in a judgment: "We think it would be desirable to set up a National Court of Appeal which would be in a position to entertain appeals by special leave from the decision of the high courts and tribunals in civil, criminal, revenue and labour cases."

And that the apex court "should concern itself only with entertaining cases involving the question of constitutional law and public law".

The court said it was a suggestion and there was no positive direction that the government was bound to carry it out.

The court Friday said that as Vasanthakumar said the government should at least consider the suggestion coming from the top court and if feasible, then it be implemented within a reasonable time.

The petitioner said the NCA would reduce the cost of litigation and enable litigants to avail the services of lawyers who appeared for them before the high courts.

Vasanthakumar made his representation to the central government Nov 21, 2013, which has not been replied to so far.

The court said he has to persuade the government and parliament to get his prayer for the implementation of the 1986 apex court suggestion.

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