JOIN USCentre trying to bring judiciary to grinding halt: SC
The Supreme Court on Friday slammed the Union government over the delay in appointment of judges in the high courts.
It said the “mistrust” over the recommendations by the Chief Justice of India-headed collegium was not good for the country.
A three-judge bench presided over by Chief Justice T S Thakur said that this kind of “logjam was not good. The court further said it would not fail in fixing “accountability” if the situation continued to remain so.
“About four million cases are pending before the high courts. So many criminal appeals are lying. Why is there mistrust? Where are the proposals languishing? The Centre is attempting to bring the judiciary to a grinding halt by not appointing HC judges,” an angered CJI told Attorney General Mukul Rohatgi.
“Seventy-five names have been recommended for the appointment but there seems to be no response. Even the appointment of chief justices are pending. Transfer of judges are pending. The CJs who have been transferred are not being notified. We don't want all these,” the bench which also comprises Justices A M Khanwilkar and D Y Chandrachud said. The court was responding to a PIL by retired Lt Col Anil Kabotra about pending appointments in the higher judiciary.
In a warning to the government, the bench told Rohatgi; “If this logjam continues, we will be forced to interfere judicially. We will ask for every file that was sent to you by the collegium.” In response, Rohatgi requested the court not to issue a notice to the government on the PIL saying, “I understand the seriousness of the matter. I will personally take up the issue at the highest level.” The bench went on to add “we don't have any problem if you have an objection over any name.” The court said that if there is any problem with any candidate, that file can be sent back. But, “this kind of logjam is not good,” it said.
The apex court further pointed out that several high courts were functioning with less than half of the sanctioned strength of judges.
The court asked the Attorney General to file its response within four weeks and fixed the matter for consideration on September 13. The government began taking its own time in clearing the names sent by the collegium after the invalidation of the National Judicial Appointment Commission Act in October last year. The Memorandum of Procedure, the guidelines for the appointment of judges to be prepared by the government in consultation with the CJI has also been delayed.
Law Minister Ravi Shankar Prasad had recently said 52 new judges have been appointed since January and 89 additional judges elevated as permanent judges.