New Delhi: The controversy between the Centre and the Supreme Court regarding the collegium reached a new height when the apex court expressed strong displeasure over the apathy of the Centre in considering the recommendations made by the Supreme Court Collegium for the transfer of judges.
The Centre on Friday assured the Supreme Court that the Collegium's recommendation of December last year for the appointment of five judges in the apex court will be cleared soon. But the top court was not convinced.
The division bench comprising Justice S.K. Kaul and Justice A.S. Oka orally observed that 10 recommendations for transfer have been made and these were made at the end of September and end of November. "In that, the government has a very limited role. Keeping them pending sends a very wrong signal. It is unacceptable to the college," stated the division bench.
Terming the issue as "very very serious", the Bench told the Attorney General , "Don't make us take a stand which will be very uncomfortable."
The development comes after the Supreme Court on December 13 recommended the names of five judges for elevation to the Supreme Court namely 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.
The Collegium led by Chief Justice D Y Chandrachud on January 31 recommended the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation to Centre for elevation as judges of the top court. Currently, the Supreme Court is functioning with 27 judges against the sanctioned strength of 34 judges.
During the hearing of case regarding the Centre's alleged delay in clearing the names recommended by the Collegium for becoming Supreme Court judges, the apex court observed that five names were recommended in December last year and now it is February. "Should we record that for those five, warrants are being issued?" the bench said, adding, "When, is the next question?".
Assuring the Supreme Court, Venkataramani said. "I was given to understand that by Sunday, it may be issued." In response the division bench said "If transfer orders are not implemented, what do you want us to do," the bench said, adding that "we withdraw judicial work from them, is that what you want?" "You will make us take some very very difficult decisions," it added.
