Can't make Collegium's tentative decisions public: Supreme Court

Satya Prakash

New Delhi, December 9

Describing the Collegium as a multi-member body, the Supreme Court on Friday ruled that its discussions and tentative decisions could not be made public.

Actual resolution

The actual resolution passed by the Collegium only can be said to be its final decision and till then at the most, it can be said to be a tentative decision during the consultation… Bench

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“At the cost of repetition, it is observed that after due deliberation and discussion and after completing the consultative process, when a final decision is taken and, thereafter, the resolution is drawn and signed by the members of the Collegium, can it be said to be a final decision and till then it remains a tentative decision,” a Bench led by Justice MR Shah said.

“After the final resolution is drawn and signed by the members of the Collegium…, it is required to be published on the Supreme Court website,” said the Bench, which also included Justice CT Ravikumar. “The actual resolution passed by the Collegium only can be said to be its final decision and till then at the most, it can be said to be a tentative decision during the consultation…,” the Bench said.

The top court dismissed a petition filed by RTI activist Anjali Bhardwaj challenging a Delhi High Court verdict turning down her plea seeking the agenda of the Supreme Court Collegium’s December 12, 2018, meeting in which certain decisions were said to have been taken on the elevation of some High Court judges to the top court.

The verdict comes at a time when the Centre and the Supreme Court are engaged in a slugfest over judicial appointments on the role of the Collegium.

Bhardwaj had cited news reports based on a January 23, 2019, interview of Justice Madan B Lokur — a member of the Collegium who retired on December 30, 2018 — in which he had expressed disappointment that the December 12, 2018, Collegium resolution was not uploaded on the Supreme Court website.

Refusing to comment on Justice Lokur’s reported statement, the Bench said, “… no reliance can be placed on the news report and/or some article in the media. What is required to be seen is the final resolution which is ultimately drawn and signed by the members of the Collegium.”

On December 12, 2018, the Collegium, led by then CJI Ranjan Gogoi and comprising Justices Lokur, AK Sikri, SA Bobde and NV Ramana (all retired), was said to have taken certain decisions with regard to the appointment of judges to the top court and proposals for transfer of chief justices and judges of High Courts, but those resolutions were not made public.

After the retirement of Justice Lokur, the reconstituted Collegium took another decision on January 10, 2019, to recommend the elevation of Justice Dinesh Maheshwari and Justice Sanjiv Khanna.

The Bench said the resolution, dated January 10, 2019, was “very clear” in which it was specifically stated that in the earlier meeting held on December 12, 2018, the process for consultation was not over and it remained inconclusive.

“Some discussions might have taken place (in the December 12, 2018 meeting). However, unless and until a final decision is taken after due consultation and on the basis of such a final decision a final resolution is drawn, whatever discussions had taken place cannot be said to be a final decision of the Collegium,” it said.

Terming the Supreme Court as one of the most transparent institutions, the Bench had, on December 2, said the existing Collegium system should not be derailed on the basis of statements of “some busybody”.