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Supreme Court warns Centre over delay in appointment, transfers of high court judges | India News


NEW DELHI: The Supreme Court on Friday toughened its stand on the delay in implementation of the collegium‘s recommendation for elevation and transfer of HC judges, saying that the Centre‘s indecision was very troubling and warned that it would be compelled to take a “difficult” and “unpalatable” decision.
“It is troubling us. This is very very serious, more serious than anything else. We will have to make a difficult decision. Do not make us take a hard stand,” the bench of Justices Sanjay Kishan Kaul and Abhay S Oka told the AG R Venkataramani who sought 10 days’ time.

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The court said any further delay “may result in both administrative and judicial actions which may not be palatable”. They also said that in case of further delay, the judges of the HCs, who are to be transferred, would not be given judicial work.

The apex court on the last hearing on January 6 had observed that the government had a very limited role in the matter of transfer of judges and delay on its part in taking decisions was giving an impression of third party sources interfering on behalf of these judges with the government.

Five HC judges recommended for SC to be cleared soon, says govt
At the outset of the hearing, the attorney general informed the bench that 14 HC judges had been appointed since the last date of hearing and names of five HC judges, who were recommended for elevation to SC, would soon be cleared.

The collegium had on December 13 recommended elevation of Justice Pankaj Mithal (Chief Justice of Rajasthan HC), Justice Sanjay Karol (CJ of Patna HC), Justice PV Sanjay Kumar (CJ Manipur HC), Justice Ahsanuddin Amanullah (judge in Patna HC) and Justice Manoj Misra ( judge of Allahabad HC) to the apex court.
Recording the statement of the attorney general, the bench asked him to instruct the Centre to decide within 10 days before the next date of hearing on appointment of five judges in SC, transfer of 10 HC judges & one HC chief justice and appointment of four chief justices in HCs. Referring to the collegium’s recent decision, the bench said appointment of judges has to be made as per the sequence of the recommendations of the collegium.
“It is troubling us. This is very very serious, more serious than anything else. We will have to make a difficult decision. Do not make us take a hard stand,” the bench of Justices Sanjay Kishan Kaul and Abhay S Oka told attorney general R Venkataramani who sought 10 days’ time.
The apex court had, in the last hearing on January 6, observed that the government had a very limited role in the matter of transfer of judges and delay on its part in taking decisions was giving an impression of third party sources interfering on behalf of these judges with the government.
The issue of appointment of judges has become a point of discord between the Centre and judiciary, with the government attacking the collegium system of appointment of judges in higher judiciary and demanding a say in the process. The apex court, on the other hand, has been passing a slew of directions and orders to push the Centre to take time-bound decision on recommendations made by the collegium, and has for the first time set a time-frame.
With the government sitting over recommendations and implementing them selectively, the Supreme Court on judicial side agreed to examine contempt plea against the Centre for not adhering to its verdicts. The court has repeatedly told the Centre that it was bound by the collegium system of appointment, which is the law of the land.
Faced with the hardline, the government had on January 6 assured the court that it would abide by the timeline.
The SC collegium headed by Chief Justice D Y Chandrachud, while recently recommending elevation of Chief Justice of Allahabad HC Justice Rajesh Bindal and CJ of Gujarat HC Justice Aravind Kumar to the apex court, told the government that five names which were earlier recommended and pending its approval will have precedence over the two names and those should be notified first.


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