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NEW DELHI: Taking a dim view of 86 collegium recommendations for judgeship pending with the Centre as also transfer of 26 high court judges and appointment of the chief justice of one HC, the Supreme Court on Tuesday set a deadline of October 9 for the government to come back with “some results” or be ready to face “problem”.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was at pains to highlight that nothing had been done by the Centre in the last seven months since the last hearing in the case in February. The bench said the names were pending before the government for the last 10 months.
“You will have to come back with something, otherwise there will be a problem for you. Come with some results. The matter is being listed after seven months but nothing happened in the seven months. Names recommended by high courts have not reached the Supreme Court,” the bench told attorney general R Venkataramani, who sought one week’s adjournment in the case.
The bench thereafter gave details of the pending names before the Centre — 70 names sent by HCs but no decision taken to send them to the SC collegium; nine names sent by the SC collegium for the first time; and seven others whose names were reiterated by the collegium after the Centre sent the recommendations for reconsideration. The bench further elaborated that the SC decision to transfer 26 high court judges is also pending and so does the collegium’s recommendation on appointment of the chief justice to a “very sensitive” HC.
The court made it clear that it would keep pushing the Centre to adhere to the time-frame fixed by it in clearing the names and any further unreasonable delay would not be countenanced.
“There is a lot to say but I am holding myself back as the attorney general seeks one week’s time… I am quiet today but I would not be quiet on the next date,” Justice Kaul said while requesting the AG to use his good offices to convince the government not to delay the process.
The court said it would keep monitoring the development and the case would be listed after every 10 days to take stock of the situation. The bench said many talented lawyers withdraw their consent for judgeship due to delay in the appointment process and, as a result, the judiciary’s endeavour to pick the best talent for judgeship gets frustrated.
Senior advocate Arvind Datar and lawyer Prashant Bhushan submitted that the Centre was violating the apex court‘s order by not clearing the names which had been reiterated by the collegium.
The issue of appointment of judges has witnessed a tug of war between the Centre and the judiciary with the government attacking the collegium system of appointment in higher judiciary. The apex court, on the other hand, has been passing a slew of directions to push the Centre to take time-bound decision on recommendations made by the collegium.
The apex court, on the last hearing in February, had said that the Centre’s indecision on notifying a collegium decision to transfer HC judges was very troubling and had warned that the it would be compelled to take a difficult and unpalatable decision.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was at pains to highlight that nothing had been done by the Centre in the last seven months since the last hearing in the case in February. The bench said the names were pending before the government for the last 10 months.
“You will have to come back with something, otherwise there will be a problem for you. Come with some results. The matter is being listed after seven months but nothing happened in the seven months. Names recommended by high courts have not reached the Supreme Court,” the bench told attorney general R Venkataramani, who sought one week’s adjournment in the case.
The bench thereafter gave details of the pending names before the Centre — 70 names sent by HCs but no decision taken to send them to the SC collegium; nine names sent by the SC collegium for the first time; and seven others whose names were reiterated by the collegium after the Centre sent the recommendations for reconsideration. The bench further elaborated that the SC decision to transfer 26 high court judges is also pending and so does the collegium’s recommendation on appointment of the chief justice to a “very sensitive” HC.
The court made it clear that it would keep pushing the Centre to adhere to the time-frame fixed by it in clearing the names and any further unreasonable delay would not be countenanced.
“There is a lot to say but I am holding myself back as the attorney general seeks one week’s time… I am quiet today but I would not be quiet on the next date,” Justice Kaul said while requesting the AG to use his good offices to convince the government not to delay the process.
The court said it would keep monitoring the development and the case would be listed after every 10 days to take stock of the situation. The bench said many talented lawyers withdraw their consent for judgeship due to delay in the appointment process and, as a result, the judiciary’s endeavour to pick the best talent for judgeship gets frustrated.
Senior advocate Arvind Datar and lawyer Prashant Bhushan submitted that the Centre was violating the apex court‘s order by not clearing the names which had been reiterated by the collegium.
The issue of appointment of judges has witnessed a tug of war between the Centre and the judiciary with the government attacking the collegium system of appointment in higher judiciary. The apex court, on the other hand, has been passing a slew of directions to push the Centre to take time-bound decision on recommendations made by the collegium.
The apex court, on the last hearing in February, had said that the Centre’s indecision on notifying a collegium decision to transfer HC judges was very troubling and had warned that the it would be compelled to take a difficult and unpalatable decision.
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