New Delhi: The Supreme Court on Friday once again expressed its disappointment over the delay in the clearance of names recommended by the collegium for judgeship by the central government. The court said that candidates withdraw their consent for judgeship due to such delays as it affects things on a professional level.
The bench comprising Justice Sanjay Kishan Kaul and Justice Abhay S Oka was hearing the matter pertaining to the central government sitting over the names for clearance. "22 names have been sent back by the central government. Some of these names have been reiterated for the second time, while some are reiterated even for a third time. Some names are the ones that the centre feels we should consider, though they are not cleared by us," the court said.
"When the names cleared by us are put on the website and then they are not cleared, it leaves an impact on a professional level," said the court. Justice Kaul cited an example wherein a person withdrew because the centre was not clearing the name and it was just pending with the collegium. "Sending back of reiterated names by the centre is a matter of concern. The government might have apprehensions but names cannot be kept on hold without sending us some comments for fear that we will reiterate. Once we reiterate, I don't see any problem in clearing the appointment," the court added.
The bench further told the Attorney General of India, R Venkataramani, that he is the 'Bhishmapitamah' of the bar and he has to carry out his duty judiciously. The court opined that although the existing system is not perfect, nor will the replaced system be perfect, it has to be followed until there is a law of the land.
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Justice Kaul further noted that he would be out of the system in a year but it's a matter of concern that a system is being created where meritorious people refrain from coming forward. Talking about a lawyer's alignment to a side, the court said that when he becomes a judge, the entire thought process is different and he should not be viewed as what he does as a lawyer. "System has to work in accordance with the law that stands as of today," said the court.
During the hearing, AG informed the court that he has instructions from the government that it will adhere to the timelines provided by the judgement. Out of 104 recommendations with the government, 44 will be confirmed and sent to SC within the next three days. 10 recommendations for Rajasthan HC will be processed shortly.
Court enquired about the status of 5 elevations to the SC to which AG said that it will have to be deferred as there is a difference of opinion. The court granted deferment but asserted that it shouldn't take much time.
