‘Sensitive’ information delaying High Court CJs’ appointments: Centre to SC

As the Supreme Court Collegium’s recommendations for appointment of chief justices of seven high courts, including Delhi and Himachal Pradesh, continue to hang fire for more than two months, the Centre has told the top court that certain “sensitive information” available with it was delaying forward movement on the issue.

“I have received some information…I’ll share it… information is confidential, sensitive. I’d like to place it on record,” Attorney General R Venkataramani told a Bench led by Chief Justice of India DY Chandrachud during the hearing of a PIL seeking a direction to fix a definite time limit for the Centre to notify appointment of judges recommended by the top court Collegium.

Petitioner Harsh Vibhore Singhal – an advocate – contended that in the absence of a fixed timeframe, “the government arbitrarily delays notifying appointments thereby trampling upon judicial independence, imperilling the constitutional and democratic order and disparaging the majesty and sagacity of the court”.

Maintaining that revealing these issues in the public domain would neither be in the interest of the institution (judiciary) nor of the judges involved, the Attorney General told the Bench, “I would like to place the inputs and my suggestions in a sealed cover for perusal by the judges.”

“Mr Attorney, just sort it out… I had a word with you last week”, the CJI told Venkataramani and posted the matter for further hearing on September 20.

The Supreme Court Collegium led by CJI Chandrachud had on July 11 recommended appointment of Chief Justices of high courts of Delhi, Himachal Pradesh, Jammu and Kashmir and Ladakh, Kerala, Madhya Pradesh, Madras and Meghalaya.

However, there is no forward movement on these recommendations made by a three member Collegium of the Supreme Court comprising CJI DY Chandrachud, Justice Saanjiv Khanna and Justice BR Gavai.

Delhi High Court Acting Chief Justice Manmohan was recommended to be appointed as the Chief Justice of the same high court while Justice Rajiv Shakdher of the Delhi High Court was recommended to be the Chief Justice of the Himachal Pradesh High Court.

Justice MS Ramachandra Rao – who has been serving as the Chief Justice of the Himachal Pradesh High Court since May 30, 2023 – was recommended to be transferred as Chief Justice of the Jharkhand High Court consequent upon retirement of the then Chief Justice Justice Dr. Justice Bidyut Ranjan Sarangi on July 19, 2024.

The Collegium had recommended Justice Suresh Kumar Kait of the Delhi High court for appointment as the Chief Justice of the High Court for Jammu and Kashmir and Ladakh.

It had also recommended Justice GS Sandhawalia—the senior-most puisne Judge of the Punjab and Haryana High Court – to be appointed as the Chief Justice of the Madhya Pradesh High Court.

Similarly, Justice Nitin Madhukar Jamdar—the senior-most puisne Judge of the High Court of Bombay, was recommended for appointment as Chief Justice of the Kerala High Court.

The Collegium had recommended the name of Justice Tashi Rabstan—the senior-most puisne Judge of the High Court for Jammu and Kashmir and Ladakh – for appointment as Chief Justice of the High Court of Meghalaya on the retirement of the then Chief Justice S Vaidyanathan on 16 August 2024. It had also recommended Justice KR Shriram—a senior Judge of the Bombay High Court for appointment as Chief Justice of the Madras High Court.