New Delhi: The Supreme Court on Monday, February 13, expressed “concern” over the Union government’s decision to withhold approval for appointments of some judges recommended by the Collegium while clearing others.
“I can assure you that we are equally concerned with what is happening,” Indian Express quoted Justice S.K. Kaul, heading a three-judge bench, as saying when advocate Prashant Bhushan pointed out that the government had not acted upon recommendations of the Collegium in toto.
The top court was hearing a contempt petition against the Union government by the Advocates Association of Bengaluru, which alleged that the government had not acted fully upon the recommendations of the Collegium.
Advocate Arvind P Datar, appearing for the petitioner, told the court that the government did not approve the appointment of Justice Vinod Chandran as Patna high court’s Chief Justice although it had cleared Justice Sandeep Mehta’s appointment as the Chief Justice of Gauhati high court. He also brought to the fore the case of Justice Vinod K Chandran of Kerala high court whose name hasn’t been cleared by the government yet despite being recommended by the Collegium. The petitioners asserted that it was not right on the part of the government to selectively clear the names of judges, violating the court’s directions.
To the petitioner’s contention, Justice Kaul responded that those names which have been cleared may have received the respective state government’s consent.
At this stage, advocate Prashant Bhushan, appearing for the Centre for Public Interest Litigation, said “it can’t go endlessly like this”. “Exactly, I can assure you that we are equally concerned with what is happening,” said Justice Kaul in response, according to Livelaw.
“At some point, your lordships will have to crack the whip. Otherwise, this will go endlessly like this. Some appointments selectively they notify, others they don’t do anything about. Transfer they don’t do anything about (sic),” Bhushan urged the court.
The bench then instructed the government to “make sure what is expected is done” and posted the matter for hearing on March 2. “Some developments have happened, but a lot more is needed to be done,” said Justice Kaul, according to The Hindu.
“I am putting it after two weeks. Make sure, please make sure, what is expected is done. Communicate it to the learned Attorney General,” Justice Kaul told a government counsel appearing on behalf of the Attorney General.
Earlier, on February 3, the Supreme Court had voiced its displeasure over the delay in clearing its recommendations and warned the government that any further delay “may result in both administrative and judicial actions which may not be palatable”.
A day after, on February 4, the government cleared the appointments of five judges recommended by the Collegium. The names had been recommended by the top court’s Collegium on December 13, 2022. Rajasthan high court Chief Justice Pankaj Mithal, Patna high court Chief Justice Sanjay Karol, Manipur high court Chief Justice P.V. Sanjay Kumar, Patna high court judge Ahsanuddin Amanullah, and Allahabad high court judge Manoj Misra were made Supreme Court judges.
The issue of appointment of judges has for some time led to sharp exchanges between the apex court and Union government, particularly by Union law minister, Kiren Rijiju.