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Rediff.com  » News » Don't delay judges' appointment: SC to Centre

Don't delay judges' appointment: SC to Centre

Source: PTI
September 14, 2016 22:06 IST
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There should be no delay or stalling of the process of forward movement of files for judges' appointment once cleared by the collegium, the Supreme Court said on Wednesday, even as the Centre asserted there was no "logjam" in these appointments or transfers.

While maintaining that there was "no blame game", the Centre said the vacancies have existed in higher judiciary as the high courts have "pretty much delayed" starting the process.

"There is no blame game. There is no logjam in the system. It's like a race, if you start in time, you will reach in time. The high courts, by and large, were pretty much delayed in starting the race. The process to fill up five year, six year old vacancies have been started late," Attorney General Mukul Rohatgi told a bench headed by Chief Justice T S Thakur.

At the outset, he said "there is progress in the appointments and have the (hearing of the) matter after two weeks. We will see more progress."

The top law officer placed before the bench, which also comprised Justice A M Khanwilkar, two sets of documents in sealed envelopes containing a compilation of facts and figures on the appointment and transfer of judges.

Rohatgi told the bench that the documents will indicate every aspect of different high courts including that of the oldest Allahabad high court where the vacancies are "alarming" and there has been a delay of nine years in starting the process by the judiciary.

He hastened to clarify that there was no "blamegame" over the issue and said the recommendations made by the collegium with regard to Chhattisgarh, Kerala and Allahabad high courts have been "cleared".

While "appreciating" the efforts made by the Centre, the bench said "it is an arduous process after which the recommendations come to us. Once we start the process, there should not be delay or it should be stalled. It has to move forward."

During the brief hearing, the CJI referred to his visit to Chattishgarh high court and said there were only eight judges working there and the vacancy was more than one-third.

Rohatgi responded by saying that all the three names pertaining to the Chhattisgarh high court have been cleared.

The bench then posted the matter for further hearing on September 30.

The hearing came nearly a month after the apex court had sent a stern message to the Centre over non-execution of collegium's decision to transfer and appointment of Chief Justices and judges in high courts.

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