'Make sure whatever expected is done', SC on appointment of judges

'This cannot go on endlessly, at some point of time, the court has to crack the whip,' the bench said

The Supreme Court on Monday told the Union government to "make sure that whatever is expected of it is done" with regard to the appointment and transfer of judges.

Dealing with a contempt plea by the Advocates Association, Bengaluru, a bench presided over by Justice Sanjay Kishan Kaul said, "we are concerned about certain issues".

Advocate Prashant Bhushan on behalf of the intervenor pointed out some appointments were selectively notified and some not.

"This cannot go on endlessly, at some point of time, the court has to crack the whip," he said.

"We are equally worried if not more," the bench said.

Senior advocate Arvind P Datar, appearing on behalf of the petitioner, submitted that a chart has been prepared. One category is related to the appointment of chief justices on which some appointments were made while some others are pending.

"There has to be consent from the state government in this regard," the bench said.

The court put the matter for consideration on March 2 as a counsel on behalf of Attorney General R Venkataramani sought a short adjournment.

On February 3, the court had warned the Centre that any delay in clearing the transfer of High Court judges recommended by its Collegium "may result in both administrative and judicial actions which may not be palatable".

"Don't make us take a stand which will be very uncomfortable," the bench had told Venkataramani, who appearing for the Centre, submitted that transfer would happen and the appointment of five judges for the Supreme Court would come shortly.

Since then, as many as seven recommendations for appointment as SC judges and a host of other judges as chief justice of High Courts.

However, the Centre is yet to act on the Supreme Court Collegium's reiteration of its recommendation for the elevation of advocate R John Sathyan as a judge of Madras High Court, even though it had said he should be given precedence in the matter of appointment over certain names separately recommended on January 17, 2023.

The Collegium had then overruled the central government's objection on the ground that Sathyan had shared an article critical of the Prime Minister. Notably, the government, afterwards, acted on January 17 recommendations, including of Lakshmana Chandra Victoria Gowri, while segregating the case of Sathyan.