‘Should not have occurred’: SC condemns Law Minister Rijiju’s remarks on collegium

By IANS

NEW DELHI: The Supreme Court on Monday took sturdy exception to Law Minister Kiren Rijiju’s latest touch upon the collegium system of appointing judges, saying it mustn’t have occurred.

The apex courtroom mentioned if the suggestions had been withheld for the reason that regulation handed by the Centre on organising the National Judicial Appointment Commission (NJAC) couldn’t move the muster.

A bench comprising justices Sanjay Kishan Kaul and A.S. Oka mentioned, “When someone in a high position says that…it should not have happened…”. The apex courtroom clarified as soon as the advice has been reiterated, the names need to be cleared. It additional added that’s the finish of the matter as per the regulation because it stands on the day.

Senior advocate Vikas Singh dropped at the discover of the courtroom Law Minister Kiren Rijiju’s interview to a TV channel, whereby he had mentioned, “Never say that the government is sitting on the files, then don’t send the files to the government, you appoint yourself, you run the show then”.

He additionally mentioned that the current Supreme Court collegium system by means of which judges are appointed is “opaque”. The “fittest” individuals must be appointed as judges and never somebody whom the collegium is aware of, he mentioned. “I am not critical of the judiciary or the judges…I am not happy with the present system of the Supreme Court collegium. No system is perfect. We have to always strive and work towards a better system,” the minister had mentioned.

Justice Kaul informed Attorney General R. Venkataramani, representing the Centre, “I have ignored all press reports, but this has come from somebody high enough…….” He added, “I am not saying anything else. If we have to, we will take a decision”.

The bench mentioned, “We have expressed our anguish. It appears that the government is not happy that the NJAC has not passed the muster”.

It additional queried the Centre’s counsel, “Can that be the reason to not clear the names”.

The bench mentioned, “Please resolve this and don’t make us take a judicial decision in this regards”, and added that the entire course of for appointment of judges already takes time.

The bench mentioned the Intelligence Bureau’s inputs are taken and likewise the Centre’s inputs are taken, after which the apex courtroom collegium considers these inputs and sends the identify.

The bench requested the AG and Solicitor General to convey the “sentiments of the bench” to the federal government and be sure that the regulation of the land is adopted.

After listening to arguments, the bench scheduled the matter for additional listening to on December 8.

On November 11, the Supreme Court expressed its sturdy discontent over the delay within the appointment of judges, saying, “needless to say that unless the bench is adorned by competent lawyers, the very concept of rule of law and justice suffers”.

A bench comprising justices Sanjay Kishan Kaul and Abhay S. Oka mentioned: “If we look at the position of pending cases for consideration, there are 11 cases pending with the Government which were cleared by the Collegium and yet are awaiting appointments. The oldest of them is of vintage September 4, 2021 as the date of dispatch and the last two on September 13, 2022. This implies that the government neither appoints the persons and nor communicates its reservation, if any, on the names”.

It added there are additionally 10 names pending with the federal government which have been reiterated by the Supreme Court collegium ranging from September 4, 2021 to July 18, 2022.

The high courtroom handed the order on the contempt plea filed by The Advocates Association Bengaluru by means of advocate Pai Amit. The plea mentioned the Centre has not complied with the instructions of the apex courtroom in reference to the time schedule set for the appointment of judges.

NEW DELHI: The Supreme Court on Monday took sturdy exception to Law Minister Kiren Rijiju’s latest touch upon the collegium system of appointing judges, saying it mustn’t have occurred.

The apex courtroom mentioned if the suggestions had been withheld for the reason that regulation handed by the Centre on organising the National Judicial Appointment Commission (NJAC) couldn’t move the muster.

A bench comprising justices Sanjay Kishan Kaul and A.S. Oka mentioned, “When someone in a high position says that…it should not have happened…”. The apex courtroom clarified as soon as the advice has been reiterated, the names need to be cleared. It additional added that’s the finish of the matter as per the regulation because it stands on the day.

Senior advocate Vikas Singh dropped at the discover of the courtroom Law Minister Kiren Rijiju’s interview to a TV channel, whereby he had mentioned, “Never say that the government is sitting on the files, then don’t send the files to the government, you appoint yourself, you run the show then”.

He additionally mentioned that the current Supreme Court collegium system by means of which judges are appointed is “opaque”. The “fittest” individuals must be appointed as judges and never somebody whom the collegium is aware of, he mentioned. “I am not critical of the judiciary or the judges…I am not happy with the present system of the Supreme Court collegium. No system is perfect. We have to always strive and work towards a better system,” the minister had mentioned.

Justice Kaul informed Attorney General R. Venkataramani, representing the Centre, “I have ignored all press reports, but this has come from somebody high enough…….” He added, “I am not saying anything else. If we have to, we will take a decision”.

The bench mentioned, “We have expressed our anguish. It appears that the government is not happy that the NJAC has not passed the muster”.

It additional queried the Centre’s counsel, “Can that be the reason to not clear the names”.

The bench mentioned, “Please resolve this and don’t make us take a judicial decision in this regards”, and added that the entire course of for appointment of judges already takes time.

The bench mentioned the Intelligence Bureau’s inputs are taken and likewise the Centre’s inputs are taken, after which the apex courtroom collegium considers these inputs and sends the identify.

The bench requested the AG and Solicitor General to convey the “sentiments of the bench” to the federal government and be sure that the regulation of the land is adopted.

After listening to arguments, the bench scheduled the matter for additional listening to on December 8.

On November 11, the Supreme Court expressed its sturdy discontent over the delay within the appointment of judges, saying, “needless to say that unless the bench is adorned by competent lawyers, the very concept of rule of law and justice suffers”.

A bench comprising justices Sanjay Kishan Kaul and Abhay S. Oka mentioned: “If we look at the position of pending cases for consideration, there are 11 cases pending with the Government which were cleared by the Collegium and yet are awaiting appointments. The oldest of them is of vintage September 4, 2021 as the date of dispatch and the last two on September 13, 2022. This implies that the government neither appoints the persons and nor communicates its reservation, if any, on the names”.

It added there are additionally 10 names pending with the federal government which have been reiterated by the Supreme Court collegium ranging from September 4, 2021 to July 18, 2022.

The high courtroom handed the order on the contempt plea filed by The Advocates Association Bengaluru by means of advocate Pai Amit. The plea mentioned the Centre has not complied with the instructions of the apex courtroom in reference to the time schedule set for the appointment of judges.