NEW DELHI: The swift decisions taken by the Centre in the past 10 days in clearing a few of the collegium recommendations for visit as judges in high courts and seven judges in the Supreme Court did not please the pinnacle court, which stated on Monday that much is still required to be done and revealed issue over selective clearance of names of judges.The Centre and the SC have actually been taken part in a pull of war with the previous expressing appointments against the collegium system of appointments in greater judiciary and rather pitching for a say while doing so.
The apex court, on the other hand, has actually been passing a variety of directions to push the Centre to take time-bound choices on suggestions made by the collegium and set a time-frame which was not there earlier.On the last hearing on February 3, the court had asked the Centre not to force it to take a difficult and unpalatable decision as the federal government was not authorizing SC collegium suggestions for transfer of HC judges, visit of primary justices and judges of HCs and seven names suggested for elevation to the pinnacle court.
In the last 10 days, the governemnt appointed 7 judges in SC and CJs in Gujarat, Gauhati, Tripura and J&K and Ladakh High Courts.
The Centre did not take decision on transfer of 8 HC judges and the Chief Justice of Orissa HC in spite of the court previously reminding the government that it has a very restricted role in transfer of judges.Referring to the recent choices taken by the Centre in the last 10 days, a bench of Justices Sanjay Kishan Kaul, Manoj Misra and Aravind Kumar kept in mind that some developments took place however said that much is still needed to be done.Senior supporter Arvind Datar and lawyer Amit Pai, appearing for the petitioner who submitted a contempt plea for hold-up in visits, brought to the courts notice that the federal government did not take decision on transfer of HC judges and reiterated names for judgeship in HC had actually not been accepted by the governemnt.
They likewise said that the Centre is segregating collegium recommendations and selectively clearing the names.Prashant Bhushan flagged the concern of the Centre supposedly selectively picking names out of collegium recommendations for approval and pleaded that it had been going on constantly and court must take exception to it.
We are likewise concerned.
There are more than one concern included.
We are equally concerned about if not more, the bench observed.
The court, nevertheless, refrained from passing the order as chief law officer R Venkataramani was not offered in court and the Centre sought adjournment in the case.While enabling Centres plea for adjournment, the bench told the government, Please make certain that most of what is anticipated of you is done before the next hearing .
The court published the case to March 2 for hearing.The apex court in its last hearing had observed that the federal government had a very limited function in the matter of transfer of judges and hold-up on its part in taking decisions was providing an impression of third party sources interfering on behalf of these judges with the government.
It hinted that in case of further hold-up, the transferee judges would not be offered judicial work.
It is troubling us.
This is extremely really serious, more major than anything else.
We will have to make a tough decision.
Do not make us take a difficult stand, the bench had actually informed the AG who sought 10 more days time.
The court had actually stated any more delay may result in both administrative and judicial actions which might not be palatable .