SC, Legal News, ET LegalWorld – Legal Firms

NEW DELHI: A Supreme Court bench of Justices Sanjay Kishan Kaul and Abhay S Oka came down heavily on the Centre for “sitting on” names recommended for judgeship by the SC collegium, even when some recommendations were repeatedly reiterated.

“We may notice that among names for which reconsideration was sought by the government and collegium reiterated their names, even those persons have not been appointed. A person has even withdrawn his consent and the system lost an eminent person from the bar. In another case reiteration was done thrice. Just keeping names pending is not acceptable. It is becoming some sort of device to compel the persons to withdraw their names (from judgeship),” the SC said.

The bench noted that advocate Jaytosh Majumdar was recommended in 2019 and the recommendation reiterated by the SC collegium, but his name was not cleared and he died recently. “Needless to say that unless the bench is adorned by eminent persons, rule of law and justice suffers,” the bench said. Though the court was hearing a contempt petition, it refrained from issuing a contempt notice and issued a simple notice to the secretary (justice) and additional secretary (administration and appointment).

Senior advocate VikasSingh also brought to the court’s notice that the SC collegium had in September recommended elevation of Bombay high court Chief Justice Dipankar Gupta to the SC but the Centre had not cleared his name, in contrast to other names which were cleared within days.

The SC had last year framed comprehensive norms for time-bound appointment of judges and fixed time periods for all authorities involved in the process to take decisions. It had said the IB should submit its report/inputs within four to six weeks from the date of recommendation of the high court collegium to the Centre, which should forward the file to SC within eight to 12 weeks from the date of receipt of views from the state and IB report. The CJI should thereafter send recommendations/ advise to the law minister within four weeks and the Centre should make the appointment immediately or can send the recommendation back for reconsideration.

Source link