NEW DELHI: Seeking to reduce friction due to the delay in appointments to the higher judiciary, the Centre on Friday assured the Supreme Court that it will adhere to the timelines set by the latter. Of the 104 recommendations by various high courts, 44 will be processed over the weekend, Attorney General R Venkataramani said.
During the hearing, the bench expressed concern over the delay in approving 10 transfers recommended by the collegium. Pointing out that the government’s role in this regard is very limited, the bench of justices S K Kaul and A S Oka said, “Keeping it pending sends a wrong signal that other factors are in play. It not only affects the administration of justice but creates an impression as if there are third party sources interfering on behalf of these judges with the government.”
Describing the Centre returning 22 reiterated recommendations as a “matter of concern”, the bench said, “Government may have its own views when the recommendation is made but it can’t be kept on hold without sending back comments on it on the presumption that we may reiterate it. Comments can be sent to us, we will look into the same, see whether they have to be reiterated or dropped. If we reiterate the names, there is nothing in the present scenario that can prevent the appointment.”
The bench revealed that some names not cleared by the collegium were also sent by the government, which in its wisdom felt that they ought to be considered.On the five other names recently recommended for elevation to the SC, the A-G sought time saying he will look into it. They are Justice Pankaj Mithal (CJ of Rajasthan HC), Justice Sanjay Karol (CJ of Patna HC), Justice P V Sanjay Kumar (CJ of Manipur HC), Justice Ahsanuddin Amanullah (judge of Patna HC) and Justice Manoj Mishra (judge of Allahabad HC). “But these recommendations should not take time... They are Chief Justices and senior judges of HCs,” Justice Kaul pointed out.
Urging the A-G to ensure implementation of the ruling against the National Judicial Accountability Commission in its letter and spirit, the bench said that till the present system of appointing the judges is the law, it must be implemented. “We can’t pick and choose if the judgment is line with government’s view or not.”
Collegium rigour
Responding to the govt’s claim that the SC rejects 25% names recommended by HCs, the bench said, “It shows the scrutiny we do... We drop names due to opinions of consulting judges, materials on record and govt opinion.”