No going back on judge names: collegium to govt
NEW DELHI, Nov 19, 2016, DHNS:
The Supreme Court collegium has refused to back off on 43 names it had recommended for appointment as high court judges.
The Centre had returned their files earlier, approving only 34 of 77 names. A bench of Chief Justice of India (CJI) T S Thakur and Justice Anil R Dave told Attorney General Mukul Rohatgi that the collegium has sent back the files to the government for reconsideration.
“We (collegium) have seen...we have reiterated the 43 names and sent them back to the government,” the bench said, as Rohatgi referred to his statement made before the court on November 11.
The government had then claimed that it had cleared 34 names and returned 43 recommendations, and that no file was pending before it.
Though the attorney general submitted that he was not aware of the latest development, the stand taken by the collegium, headed by the CJI and four seniormost judges of the apex court, showed that it was not willing to cede ground to the government.
The collegium had last met on November 15. With this, the government would have no option but to approve the names sent by the collegium as per the old Memorandum of Procedure (MoP). The Centre can now only delay the matter by sitting on the files.
The government had earlier raised the issue of non-finalisation of the MoP. Rohatgi had also claimed that the government did not receive any response from the collegium after the draft was sent on August 3.
While hearing a batch of PILs on the shortage of judges, the apex court has repeatedly rebuked the government for sitting on the files related to recommendations for the appointment of judges.
The Centre had returned their files earlier, approving only 34 of 77 names. A bench of Chief Justice of India (CJI) T S Thakur and Justice Anil R Dave told Attorney General Mukul Rohatgi that the collegium has sent back the files to the government for reconsideration.
“We (collegium) have seen...we have reiterated the 43 names and sent them back to the government,” the bench said, as Rohatgi referred to his statement made before the court on November 11.
The government had then claimed that it had cleared 34 names and returned 43 recommendations, and that no file was pending before it.
Though the attorney general submitted that he was not aware of the latest development, the stand taken by the collegium, headed by the CJI and four seniormost judges of the apex court, showed that it was not willing to cede ground to the government.
The collegium had last met on November 15. With this, the government would have no option but to approve the names sent by the collegium as per the old Memorandum of Procedure (MoP). The Centre can now only delay the matter by sitting on the files.
The government had earlier raised the issue of non-finalisation of the MoP. Rohatgi had also claimed that the government did not receive any response from the collegium after the draft was sent on August 3.
While hearing a batch of PILs on the shortage of judges, the apex court has repeatedly rebuked the government for sitting on the files related to recommendations for the appointment of judges.
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