Thread by @barandbench

#SupremeCourt is hearing petition challenging the Agnipath scheme of the Central government

Justice DY Chandrachud: There is a petition in the Delhi HC, We can have a benefit of the reasoning of the High Court in this case. We will have benefit of HC View
#AgnipathScheme

Justice DY Chandrachud: Why should we buck the process laid down under Article 226 of Indian Constitution

Adv ML Sharma: There are 20 HCs, all petitioners will reach every HC. I had filed the first plea here and after this they went to HC. May be at behest of respondent

Justice DY Chandrachud: Prashant Bhushan filed a plea in HC. He cannot file at behest of the Solicitor General.

ML Sharma: in Hindustan Zinc MY plea was dismissed but similar plea by Mr Bhushan was accepted. this is happening with me.

Justice Chandrachud: Mr ML Sharma, you are not an applicant or an Agniveer. You may be a Veer but not an agniveer. (Judge smiles)
#supremecourt #agnipath

Sharma: there will be petitioners from all across India. This happened in judges appointment and coal scam also. all matters was called to Supreme court. quick justice was given. the same should be done here also #AgnipathScheme

ORDER SC: A batch of 3 petitions invoking jurisdiction of this court under article 32 seeking directions in respect of Agnipath scheme notified by Centre on June 14. We have heard Ms Kumud Latha Das, ML Sharma, SG Tushar Mehta...

Adv Das: as we cannot stop the candidates in approaching HC but this is urgent

Bhushan: our plea is saying that those recruitments of 2019 only appointment letter remains to be issued in airforce and that cannot be stopped in view of agnipath scheme

SC resumes order: at the outset it has to be noticed that petitions are before several HC s questioning validity of agnipath scheme or directions to centre/armed forces to complete recruitment process which was initiated earlier. SG has presented a consolidated chart of HC cases

SC: HCs which are hearing this is Kerala, Delhi, Punjab and Haryana, Patna and Uttarakhand. Several proceedings also before AFT, Kochi. In our view in multiplicity of petitions on subject will not be desirable or proper. one option would be to consolidate all cases

SC: However doing so will deprive the court of the benefit of the reasoning of the HC dealing with validity of the Agnipath scheme. SG submitted a chart showing that Delhi HC is already seized of a number of petitions.

SC: Mr Bhushan who is appearing before HC has submitted that in his plea. the validity of the scheme is not under challenge but one of the reliefs is to complete a enrollment process in an earlier round.

SC: We are of the view that the three writ petitions instituted before this court should be transferred to the Delhi HC and renumbered as petitions under Article 226. we could have disposed these off but we desist to obviate any kind of delays. registrar judicial shall transfer

SC: There are also plea in Kerala, UK, Punjab and Haryana, Patna and Uttarakhand, It would be apt to direct that copy of this order be placed in each of the HCs. the high courts shall furnish an option to the petitioners to either have their pleas transferred to Delhi hc

SC: Or the High Courts shall keep the petitions pending and with liberty to the petitioner to move the Delhi HC and intervene in the similar proceedings.
#AgnipathScheme

ML Sharma: Please direct the registry to not entertain any other new plea challenging the Agnipath scheme in supreme court

Justice Chandrachud: we will pass the same orders therein.