Centre sitting over names recommended by Collegium unacceptable: Supreme Court issues notice

Satya Prakash

Advertisement

New Delhi, November 11

Taking exception to the Centre sitting over the names recommended and reiterated by the Collegium for appointment as judges in the higher judiciary, the Supreme Court on Friday said it was “not acceptable” and issued a contempt notice to the Justice Secretary.

What the bench said

Once the government has expressed its reservation and that has been dealt with by the Collegium, post-second reiteration, only the appointment has to take place.

11 cases pending with government

• SC says 11 cases are pending with the government which were cleared by the Collegium and are awaiting appointments
• Bar Association chief Vikas Singh pointed out that even the recommendation made for appointment of Bombay HC Chief Justice Dipankar Datta as a Judge of the SC more than five weeks ago had not been acted upon by the government

“In our order, we had clarified that once the government has expressed its reservation and that has been dealt with by the Collegium, post-second reiteration, only the appointment has to take place. Thus keeping the names pending is something not acceptable,” a Bench led by Justice Sanjay Kishan Kaul said.

“We are really unable to understand or appreciate such delays. Thus at the inception, we consider (it) appropriate to issue a simple notice to the current Secretary (Justice) and the current Additional Secretary (Administration and Appointment) for the time being returnable on November 28,” it said.

The order came after Supreme Court Bar Association president and senior counsel Vikas Singh pointed out that even the recommendation made for the appointment of Bombay High Court Chief Justice Dipankar Datta as a Judge of the Supreme Court more than five weeks ago had not been acted upon by the government.

“We find the method of keeping the names on hold, whether duly recommended or reiterated, becoming some sort of a device to compel these persons to withdraw their names as has happened,” the Bench noted after being told that one of the candidates pending for appointment on September 4, 2021, after being reiterated, Jaytosh Majumdar, passed away recently.

It said there were 11 cases pending with the government which were cleared by the Collegium and yet were awaiting appointments. The oldest of them was of vintage September 4, 2021, as the date of dispatch and the last two on September 13, 2022. “This implies that the government neither appoints the persons nor communicates its reservation, if any, on the names”, it said.

“There are also 10 names pending with the government which have been reiterated by the Supreme Court Collegium, starting September 4, 2021, to July 18, 2022,” it added. The Bench asked the Justice Secretary to respond to a plea filed by the Advocates’ Association, Bengaluru, alleging “wilful disobedience” of the time frame laid down to facilitate timely appointment of judges in its April 20, 2021, order.