HC rejects plea for direction to appoint CJI with mercy

The Delhi High Court has dismissed a plea by a Member of Parliament to issue directions that only a judge with judicial statesmanship and impeccable character, mercy, and compassion is appointed as the Chief Justice of India.

Justice Vibhu Bakhru said no orders were required to be issued, as “there is no dispute regarding the qualities required of a judge.”

Petitioner Harinder Singh Khalsa, MP from Fatehgarh Sahib constituency, represented by advocate A C Philip, also sought a mandamus, directing the Union government to take steps, including legislation/review of judgement in NJAC case so as “to bring an end to cabal Collegium system” of appointment of judges of the High Court and Supreme Court.

There should be a transparent mechanism of appointment of judges, which is independent of both the executive and judiciary, preferably by invitation of applications from all eligible candidates and reference from all stakeholders, he said.

The court, however, termed the plea as “misconceived”.

“The issue regarding the constitutional validity of the National Judicial Appointments Commission Act, 2014 was the subject matter of proceedings before the Supreme Court in Supreme Court Advocates on Record Association vs Union of India (2016),” the court said.

Next CJI

The petitioner said there should not be a blind obeisance to the principle of seniority in the appointment of the next CJI as he should be a judicial statesman of impeccable character, humility, nobility, mercy, compassion, impartiality, independence, fearlessness, resoluteness and intellectual prowess of the highest order.