The Supreme Court on Friday expressed its strong displeasure over the delay in the appointment of judges, saying unless the bench is adorned by competent lawyers, the very concept of 'Rule of Law' and 'Justice' suffers.
"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 of Justices Sanjay Kishan Kaul and Abhay S Oka said.
Referring to instances where the government did not appoint the persons despite a second reiteration by the Collegium, the bench said, "We find the method of keeping the names on hold whether duly recommended or reiterated is becoming some sort of a device to compel these persons to withdraw their names as has happened."
The court sought an explanation from the Union Justice secretary and current Additional Secretary (Administration and Appointment) over the delay in the appointment of judges to the High Courts and the top court.
Senior advocate Vikas Singh, arguing in a contempt petition filed by Advocates Association, Bangaluru, submitted the recommendation made for an appointment for the Supreme Court more than five weeks ago but is still awaiting an appointment.
He was referring to the recommendation for the elevation of the Bombay High Court's Chief Justice Dipankar Dutta to the Supreme Court.
"We are really unable to understand or appreciate such delays," the bench said, adding, for the time being, the court was issuing a simple notice to the senior officers, instead of a contempt notice.
The court referred to April 20, 2021 order by which a broad timeline was laid down for the appointment process.
"It does appear that directions in terms of the order are being observed in breach on many occasions," the bench said, adding there are 11 cases pending with the government which were cleared by the Collegium and yet are awaiting appointments and the oldest of them is of vintage dated September 4, 2021.
"There are also 10 names pending with the government which have been reiterated by the Supreme Court Collegium starting from September 4, 2021, to July 18, 2022," the bench said, adding in one case, the reconsideration was sought despite a second reiteration, forcing the person concerned to withdraw his consent.
"Similarly, in another case where the government has sought reconsideration, reiteration has occurred three times. In our order we had clarified that once the government has expressed its reservation and that has been dealt with by the Collegium, post the second reiteration, only the appointment has to take place Thus keeping the names pending is something not acceptable," the bench said, in its written order.
The bench further said this implied that the government neither appointed the persons nor communicated its reservation, if any, on the names.