New Delhi, December 5
An alleged sudden deletion of a case relating to delay in judicial appointments listed before a Supreme Court Bench led by Justice Sanjay Kishan Kaul despite a specific direction to list it created a controversy on Tuesday with the petitioners’ counsel terming it “strange”.
A Bench of Justice Kaul and Justice Sudhanshu Dhulia – which heard petitions against delay in notifying judicial appointments cleared by the Supreme Court Collegium on November 20 – had ordered listing of the matter on December 5.
“I have not deleted it,” Justice Kaul – who is due to retire on December 25 — told an advocate after he mentioned the issue and pointed out that the petitions were to be listed for hearing today but were deleted from the cause list.
On behalf of another petitioner, later advocate Prashany Bhsuahn pointed out to the Bench that the judges’ appointment matter was not listed. “It’s very strange... A judicial order to list it today is there,” Bhushan said.
“I will just say one thing. I have not deleted the matter,” Justice Kaul replied. To Bhushan’s request to seek an explanation from the top court Registry, Justice Kaul said, “I am sure the Chief Justice is aware of it…Yesterday I found it was deleted. I checked up.”
As Bhushan termed sudden deletion of a listed matter as “very unusual”, Justice Kaul replied, “Some things are best left unsaid sometimes… I clarify that it’s not that I have deleted the matter or that I am unwilling to take the matter. Both.”
The Supreme Court and the Centrev have been at loggerheads over the Collegium system of appointment of judges. The Justice Kaul led Bench has been critical of the government’s stand on the issue of both appointment and transfer of HC judges.
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