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SC notice to Centre on delay in appointment of judges [Read Order]

By LawStreet News Network      11 November, 2022 10:39 PM      0 Comments
SC notice to Centre on delay in appointment of judges

NEW DELHI: The Supreme Court on Friday issued notice to the Union law secretary over delay in issuing appointment orders on judges selected by the Collegium for High Courts and the top court, saying keeping the names pending was not acceptable since it makes the cause of law and justice suffer.

A bench of Justices Sanjay Kishan Kaul and Abhay S Oka expressed its displeasure while noting that there are 11 names pending the Union government's approval, the oldest of which dates back to September 2021.

"This implies that the government neither appoints the names nor communicates its reservations, if any. There are also 10 names pending with the government which have been reiterated by the Supreme Court Collegium," the bench said.

"The cause of law and justice suffers as a result, (of not judges being appointed to SC, HCs), as the central government neither approved the names nor stated its reservations," the bench said.

The court said keeping the names pending and not clearing them is not "acceptable".

The bench sought explanation on the issue for delay in appointment of judges to Supreme Court and High Courts on a contempt petition filed by Advocates Association, Bangalore.

In view of delay, the courts are losing chance to have eminent persons on the bench. Withholding names is not acceptable, the bench said.

The bench, however, pointed out for the time being,  the court was resisting in issuing contempt notice and issuing only simple notice on contempt petition filed against the law ministry.

Among the names, reconsideration has been sought in cases where despite a second reiteration the government did not clear the names, and the persons withdrew their names, the bench said.

Senior advocate Vikas Singh, appearing for the petitioner, asked the court to initiate contempt proceedings against the senior officers, as even a recommendation made for elevation of Bombay High Court judge, Justice Dipankar Dutta to the Supreme Court, has been kept as pending.

[Read Order] 

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