NEW DELHI: The Supreme Court Collegium headed by Chief Justice of India U U Lalit has aborted the process for filling up four vacancies of judges in the top court after two members -- Justices D Y Chandrachud and Justice S Abdul Nazeer -- objected to the process of selection of names through circulation.
The matter was closed also as the Union government started the process of appointment of next CJI on October 7 by asking the incumbent CJI to name his successor.
As present, there are vacancies of five judges in the Supreme Court out of sanctioned post of 34 judges. The Collegium also comprising Justices Chandrachud, Sanjay Kishan Kaul, Nazeer and K M Joseph had earlier approved elevation of the Bombay High Court Chief Justice Dipankar Dutta to the top court.
A Collegium meeting was scheduled on the last working date before the Dussehra vacation on September 30. However, it could not be held as Justice D Y Chandrachud continued to hold the court till 9 pm.
The CJI had then on September 30 sent a communication to Collegium members proposing for the elevation of Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, Patna High Court Chief Justice Sanjay Karol, Manipur High Court Chief Justice P V Sanjay Kumar, and senior advocate K V Viswanathan to the top court.
"The proposal received the approval of Justice Kaul and Justice Joseph vide their respective letters dated 01-10-2022 and 07-10-2022.By separate letters dated 01-10-2022, Justice Chandrachud and Justice Nazeer, objected inter alia to the method adopted in the letter dated 30.09.2022."
"The letters of Justice Chandrachud and Justice Nazeer however did not disclose any views against any of these candidates," a statement from the Collegium said.
On October 2, the CJI sent another communication seeking alternative suggestions.
However, "There was no response to said communication. Thus, the proposal initiated by the CJI had concurrence from Justices Kaul and Joseph. Justices Chandrachud and Nazeer had objected to the process of selection and appointing judges by circulation," it added.
"The matter was, therefore, ideally suited to have a discussion across the table amongst the Judges forming the Collegium. In the meantime, a letter dated October 7, 2022 has been received from the Union Law Minister requesting the CJI to nominate his successor to take over the office of CJI w.e.f. November 9, 2022. In the circumstances, no further steps need be taken and the unfinished work in the meeting called for September 30, 2022 is closed without there being any further deliberation. The meeting dated September 30, 2022 stands discharged," the statement noted.
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