'Thought of saying a lot but...': SC flags Centre's delay in appointment, transfer of High Court judges

A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said, "70 names (for the appointment of High Court judges) are pending for a period of 10 months…..basic processing takes place for these 70 names. Reports ETV Bharat's Sumit Saxena

New Delhi:The Supreme Court Tuesday expressed concern over delay in appointment of High Court judges and told the Attorney General (AG) that nothing happened in the past several months since it last heard the case and passed an order, and stressed that “appointment of Chief Justice of a very sensitive court is pending”.

A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said, "70 names (for the appointment of High Court judges) are pending for a period of 10 months…..basic processing takes place for these 70 names. In High Courts 70 judges are not there, as some of them do not get appointed, on average 50 percent. If your view would be known then collegium will take a call but if it does not come then. The time frame fixed under the judgment was about four months, let us take five months....”.

Justice Kaul told AG, "I am flagging it so that you can take instructions, at least the High Court recommendation up to the end of April must be with the collegium (apex court) and what I received is service names and Bar names are not received".

Attorney General R Venkataramani, representing the Centre, said he can come back to the court in over a week’s time. Advocate Prashant Bhushan, representing Centre for the Public Interest Litigation (PIL), submitted that he can provide a comprehensive list on three categories. Objecting to Bhushan's submissions, the AG said the government has everything.

Justice Kaul said, “Mr Bhushan, I have the information of how many names are pending because of the position I am in…which have been recommended by High Court (name of the candidates for appointment as judges), which has not been sent to the collegium…second, it says where the recommendations are made and they have not been either appointed or returned back. Third, cases reiterated second time not appointed...."

Justice Kaul said, “First one has nine names, second has seven names…..26 transfers (of judges) are pending and appointment of Chief Justice of a very sensitive court is pending”.

In July this year, the Supreme Court collegium, headed by Chief Justice of India D Y Chandrachud, had recommended Delhi High Court judge Siddharth Mridul for appointment as Chief Justice of Manipur High Court. However, his appointment has not been notified by the government so far.

Giving details on names pending for appointment, the bench said names reiterated for appointment as judges the number is seven, nine for the first time (names sent), one Chief Justice promotion, 26 transfer of judges, and 80 names of judges in the last four days, and 10 names have been received (service judges), which means 70 names of judges pending recommended from November 11, 2022.

Justice Kaul said, “I thought of saying a lot, since the AG is asking for only 7 days I am holding myself that is all….”.

Bhushan also raised concerns about Centre segregating names recommended by the collegium in one batch. The bench said there are nine such cases and the court had indicated to the AG that every 10 days, it will take up this matter and the only concern is that the seven-months hiatus, lawyers lose interest and withdraw their names and “we also endeavour to get the best talent available in different court”.

Justice Kaul said in some ways, “We have endeavoured to push these things….now we want to monitor it closely”.

The top court has scheduled the matter for further hearing in the second week of October. The apex court was hearing a plea regarding delay in Centre processing and notifying collegium resolutions regarding transfer and appointment of judges in the higher judiciary. The top court said it will fix the matter for hearing every 10 days till it gets an assurance from the Centre that things look positive.