Is there any procedure or rule to empanel advocates as the mediators for the Bangalore Mediation Centre (BMC), which was created by the Karnataka High Court?
The Karnataka High Court posed this question to the Director of the BMC as well as its own Registrar (Judicial) on Thursday during the hearing of a petition filed by Pushpakantha, an advocate. The petitioner said that she was not considered to serve as a mediator even though her name was recommended by the Chief Justice as far back as 2009.
When Justice S. Abdul Nazeer, before whom the petition came up for hearing, wanted to know on what basis the mediators were empanelled from amongst the lawyers, a representative of the BMC had no definite answer.
Following this, the court directed the BMC and the court’s Registrar to file their statements explaining the procedure or rules, if any, followed for the empanelment of advocates as mediators while orally observing that any selection sans notified selection norm could be termed as unconstitutional denying equality before law.
Appearing for the petitioner, advocate A.M. Iktear Uddin, contended that though the petitioner was given a recommendation letter by the then Registrar (Judicial), on behalf of the Chief Justice, to include her in the panel of mediators in 2009, she received response from the BMC only in March 2014 seeking her biodata and other details.
However, in January this year she came to know that her name did not find a place for the role of mediator, it was claimed in the petition.
The question was about procedure being followed for the empanelment of advocates as mediators
