Govt said no but SC firm, sends back names for Allahabad HC

The collegium decision, sources told The Indian Express, was conveyed to the government a few days ago.

Written by Maneesh Chhibber | New Delhi | Updated: April 25, 2017 8:13 am
Allahabad High Court, Supreme Court, Supreme Court collegium, J S Khehar, modi government, Memorandum of Procedure, indian express news, india news The Supreme Court. (File Photo)

In an unprecedented move, the Supreme Court collegium headed by Chief Justice of India (CJI) J S Khehar has reiterated all 19 names for elevation to the Allahabad High Court that the Centre had earlier rejected — not once but twice.

The collegium decision, sources told The Indian Express, was conveyed to the government a few days ago.

It will be interesting to see what view the Centre takes to this stand.

These names were part of the 30 recommended by the collegium of the Allahabad High Court last year. Of those, the government, after receiving clearance of the Supreme Court, had processed the names of 11 and sent back 19 to the collegium for reconsideration.

However, the SC collegium, headed by then Chief Justice of India (CJI) Tirath Singh Thakur, reiterated the names. But, in an unusual move, the Narendra Modi government rejected all the names and sent them back to the SC collegium.

The refusal of the Modi government to process the appointments as reiterated by the SC collegium had resulted in a major flash-point between the Centre and the SC, with the SC also taking a strong note of the government’s adamant attitude.

Under the existing Memorandum of Procedure (MoP), the Central government has to accept the names recommended by the SC collegium if the same are reiterated. But, in this case, the Centre expressed its reluctance to do so.

Sources said the reason behind the Centre’s reluctance was the fact in almost all the 19 names, there were inconsistencies in the view of the collegium and that of consultee judges — judges who have served in the Allahabad High Court and whose views about the candidates were sought by the CJI.

In several cases, even though the consultee judges had opposed the candidature, the SC collegium had decided to ignore the same and had gone ahead with the recommendation.

Sources told The Indian Express that the view of the collegium is that the consultation with judges is a way to broad-base the consultation process but these views are not binding upon the collegium.

Allahabad High Court, the country’s biggest high court, has the distinction of having almost 50 per cent posts of judges vacant. With a sanctioned strength of 160 judges — 76 permanent and 84 additional judges — the High Court is currently functioning with just 84 judges.

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  1. S
    Samaritan
    Apr 25, 2017 at 2:08 pm
    WHAT EVER SYSTEM IS BEING FOLLOWED FOR APPOINTING JUDGES, IS NOT APT IS OBVIOUS FROM THE BEHAVIOUR OF SOME JUDGES PRESENT AND PAST and MANY OF THE QUESTIONABLE JUDGEMENTS IN THE PAST & PRESENT. SO, DEFINITELY IT SHOULD BE MORE TRANSPARENT AND MUST BE DONE BY A COMMITTEE OF KNOWN EMINENT PATRIOTS WHO ARE NOT CONNECTED WITH JUDICIARY. THE COMMITTEE SHOULD SPELL OUT IN WRITING AS TO WHY THEY CHOSE THE CHOSEN AND WHY THEY REJECTED THE REJECTED.
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    1. S
      S.Nagaraja Rao
      Apr 25, 2017 at 12:53 pm
      It is sorry to note the PM who wants to set new norms in his rule or governanace is causing hindrance in the appoinrment of judges to Allahabad High Court. Then where is independence of the judiciary. He too wants the judiciary to lie low & follow the dictates of the ruling party.Then the BJP can not claim to be different from UPA or Congress rule. It is sorry to note, the Supreme court judge has to shed tears in the open meeting. When govt wants to expedite cases in various courts in the coutry, it must expedite the appoinement of judges on top priority. Give a free hand to judiciary. It is one of the pillars of democracy. In the present situation the people believe/have faith more in Judiciary than CBI, ED, Income tax or its executives/bureacrates..
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      1. S
        Sham
        Apr 25, 2017 at 12:51 pm
        The SC has a very agressive stand with respect to the appointment of the judges, whereby the arguments of the Central Government are more logical. SC has made this a prestige issue & is definitely not in the interest of the country. I did not find a single democratic country in the world, where the government & the parliament do not have a say in the appointment of judges.
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        1. T
          Tushar
          Apr 25, 2017 at 1:34 pm
          They have say.they can suggest .but final decision will b from the collegium .that's wot is followed by every country ..Government is not an independent body
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        2. K
          krish
          Apr 25, 2017 at 12:24 pm
          A notorious rowdy sheeter Naga from Bangalore is a fugitive accused a judge of lower court has taken money to get the judgement in his favor. The same is over ruled at higher court. This is happening all over India. Is it not the right time for SC to come clean on their appointments? If they want to continue on collegium system, then show some measure of transparency and accountability
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            Pk Sharma
            Apr 25, 2017 at 12:07 pm
            आपकी हर समस्या दूर हो आपके हर काम सफल हो यही मेरी प्राथना होगी जय माता दी जहां मन करे वहा काम करवाओ काम न हो हमारे पास आओ 91-9829810409 1 call aapka jivan badal sakta h whatsapp & CONTECT- 91-9829810409astrologer
            Reply
            1. A
              Ashish Biswas
              Apr 25, 2017 at 11:57 am
              The Modi government has a very able legal advisor of caliber and astute in Arun Jetly. Admancy by Supreme Court is in poor taste. The elected government must stand firm on judiciary.
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              1. T
                Tushar
                Apr 25, 2017 at 1:40 pm
                😂😂😂 Arun jaiyley is the biggest scamsters in current NDA .he escappoed narrowly as the proof n evidence where destro by grabbing it from.khejris office through a CBI raid ..Don't joke with ur ignorant brain ... And stop talking like a m intellectual without basic knowledge
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                Valentin C
                Apr 25, 2017 at 11:54 am
                The same collegium system appointed Karnan as a HC judge. And look at the way things have unfolded. The collegium system does not maintain any minutes of its discussion, which is one of the objections of J.Chelemeshwar, who refused to attend the collegium sittings. Wonder if the system is still continuing. If not, the SC can give reasons as why it is so adamant on the judges being appointed even after fellow judges have opposed their candidature. Probity should start at home.
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                  Ashish Biswas
                  Apr 25, 2017 at 11:37 am
                  The elected government is Supreme in democracy. Supreme cannot be adamant . The Highest court must resolve the issue with the government. It is childish for the Supreme Court to show adamacy. Not expected.
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                  1. M
                    manu
                    Apr 25, 2017 at 12:01 pm
                    So you want to destroy the independence of Supreme Court too?
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                    1. T
                      Tushar
                      Apr 25, 2017 at 1:42 pm
                      SC is the authority regarding the appointment ..government has to keep on dreaming to fill their men I'm the list
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                    2. N
                      Naren
                      Apr 25, 2017 at 11:26 am
                      Rule of Law
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                      1. S
                        Sayed Maqsood Ahmed
                        Apr 25, 2017 at 11:25 am
                        since none of the figures were of RSS cadre inthe ist subm ed by SC, modi gov rejected their list of 19 names and approved only 11 names which were having RSS cadre qualifications, what a mokery of justice. modi and RSS wants the judges of their favor so that they can decide the cases in thei favor, hahahah hats off to SC chief justice, politics should not e pla in judiciary appointments at all, the modi govt wants to appoint only those judges who are affiliates to RSS cadre so that they can decide the Babri masjid case in hindu favour I think govt should not have any say in the appoitment of judges of all courts
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                          AMM
                          Apr 25, 2017 at 10:45 am
                          Well done Honorable SUPREME COURT, you are the only hope of justice in India. Judiciary should not be politicized by any Government.
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                            vvvvv
                            Apr 25, 2017 at 10:39 am
                            Waht sort of Govt after independence still now more things going to be hppen..
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                              khaja
                              Apr 25, 2017 at 10:32 am
                              it seems that govt., is expecting something more, additional qualification which these 19 didn't possess probably, the additional qualification is nothing but rss pracharak. most probably.
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                                Parth Garg
                                Apr 25, 2017 at 10:20 am
                                The problem is appointment of only the committed judges and not the independent ones.
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                                  krvasudevan
                                  Apr 25, 2017 at 9:41 am
                                  While one need not question the good intention of either of the parties, it is puzzling as to why at all a name has to be considered, if there is some doubt expressed by a brother judge, who had worked with him/her ? Is there a dearth of good advocates who can be appointed judges ? Common man's appeal to both sides is, Please don't stand on ego and please don't compromise on quality
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                                    NaveenNayak
                                    Apr 25, 2017 at 9:20 am
                                    V Sad confrontation noticed; Pity - politicians should take a more objective view in the matter; provide sufficient reasons to convince the Collegium and vice versa ; SC can establish their correctness for choice ! PRAY they come to agreement in vital matter !
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                                    1. S
                                      S Venkataraman
                                      Apr 25, 2017 at 8:56 am
                                      What wrong can anyone find in sending the names of those about whom there are inconsistencies between the consultee judges and the collegium over their appointment as a judge back to the cillegium? The record of the judge should be impeccable and unimpeachable. Only such persons should occupy the pisition. When the govt does not have difficulty in processing the cases of 11 persons why should the collegium be egoistic for the balance 19 cases. When the consultee judge agrees with the collegium then the elevation is in order and when there is diametrically opposite view then the same is not in order? What sort of system and justice is this? One may discern that the SC is filled with people whose suitability for the post itself is doubtful and these are the very persons who have to choose persons for elevation as judges. What an irony. Let the SC be told that we the people are its masters and we are watching them and let them not indulge in nepotism and favouritism.
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                                      1. M
                                        Mathura
                                        Apr 25, 2017 at 9:12 am
                                        WE the people are being governed by Cow vigillents who on road punish any person having different faith as if we are living in a jungle and as Devdutt says in Devlok programme on EPIC that in jungles law of civil society does not .
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                                        1. S
                                          S Venkataraman
                                          Apr 25, 2017 at 10:06 am
                                          The issue is SC reiterating the names of 19 persons for appointment of judges. You are talking about cow vigilantes punishing persons of other faiths on road. I hope that you are aware of a case decided by SC on cow protection. A seven judge cons ution bench headed by CJI Lahoti in Rajiv Bhai and others versus Butchers had held that killing a cow is a cons utional and religious sin and it is the duty of every citizen as well as every government to protect cow. The holy texts of Quran and Bible were gone into in depth to see whether they provide for Gau hathya and it was found that they did not provide for the same. The cow vigilantes are following the law as laid down by SC. What is wrong in it? Further we claim we follow the law. The SC negated the collective and combined will of the people in the NJAC case by striking down the law as uncons utional. I urge upon the govt not to give effect to the recommendations and let us see what happens.
                                          1. T
                                            Tushar
                                            Apr 25, 2017 at 11:18 am
                                            Sir Venktraman ..there is no such authority called cow vigilantes .and when a citizen is violating law ,there is a solution called police authority it's their duty to handle it.None are authorised to take law n their hand ..Secondly none of the religion either it be Muslims or Christians doesn't kill cow to eat ur argument has no valid point .. They were transporting buffaloes ..and few were transporting cows for dairy business with valid papers ... And u still justify the act of vigilantes which is strictly against law.. Then what right you have to speak about appointment of judges when you ur self support violation of law .. Government s right in suggesting judges are limited .it is acceptable only if collegeum doesn't oppose it ..Government is not independent .they belong to particular party with their own ideology .So it's right of independent authority ... So please don't justify for a improper procedure
                                          2. S
                                            S Venkataraman
                                            Apr 25, 2017 at 12:54 pm
                                            Dear Mr Tushar, Please go through the SC judgement I had cited and what is a citizen's duty for Cow protection. Do understand no freedom is absolute. SC is not supreme. They are the masters of the people meaning the parliament. They cannot arrogate the powers of appointing judges to themselves when we see the likes of a fellow who is in the news these days. These are the very judges who quote extensively from the judgements delivered by judges in the USA, UK, Australia etc. where the judges are appointed with the approval of the government, and yet do not want govt's say in their appointment. This is a fallacious argument. Most of the present judges of SC and HCs were appointed during the UPA regime. This collegium system should go forthwith and the executive through the will of the people should have a say in their appointments. Further one can see the quality of judgements given these days eg. National anthem, Jallikattu, BCCI.
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                                              Tushar
                                              Apr 25, 2017 at 1:51 pm
                                              If it was appointed by UPA.. Hw did modi slipped out of their hands n Sahara bribe case and fake degree marklist issue ... Even though there were enuf proof.. SC didn't even ordered for an enquiry about the diary I'm which his name. was written . iam.not equipped to list the cases which all went in favor of Modis government either without a probe or a prosecution ... And am.sure I can list it if give some.effort But not interested. What's the use when people.like u are there to oppose it blindly and take the argument last for hours And about cow vigilantes ..No law or Cons ution provide such a law that announces common man to take law n their hands ..those people had legal papers and No Cons ution asks people to do the rule.of legal authority ... Don't be silly and argue for Some.thing what's CH has no basic logic .. RJust tell me one thing .IS it justifyble to beat some one who is involved in am activity legaly which is his lovely hood , and that too without cheking the fct
                                              1. S
                                                S Venkataraman
                                                Apr 25, 2017 at 2:04 pm
                                                The people of this country are the masters of all the three functions of the cons ution which includes the judiciary. Let it be made known to them in no uncertain terms.
                                                1. S
                                                  S Venkataraman
                                                  Apr 25, 2017 at 4:05 pm
                                                  Dear Mr Tushar, I would like to remind again here that it is the appointment of judges that is the issue and not the conduct of the cow vigilantes. You may call me names, I do not care. Better understand in a democracy which we claim to be, the people are the masters of judiciary also. Which means the parliament. Which in turn means the executive on the principle of those who has a majority in the Lok sabha and Raja Sabha. When both these ins utions have p ed a law unanimously, the SC has no business to negate it. The case in point is NJAC. The SC cannot arrogate to itself powers which have not been given to it by the people. It is rather a pity that it wants to appoint predominantly those who are related to some retired or serving judges or those favoured by it. I am given to understand that some of the persons recommended were appearing for terrorists and had given asylum to them in their house . Do you want such persons to dispense justice? People are the masters.
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                                                BHAGWAT GOEL
                                                Apr 25, 2017 at 8:31 am
                                                CHIEF JUSTICE AND HIS COLEGIUM HAVE A DUTY TO TELL TH EPEOPLE AS TO WHY IMPOSE/PROMOTE JUDGES FOUND OF DOUBTFUL INTEGRITY FOUND BY GOVERNMENT AFTER INTENSIVE INVESTIGATION. SHALL 'WE THE PEOPLE' BE WRONG TO PERCEIVE THAT COLEGIUM IS INSISTED TO PROMOTE JUDGES FOR EXTRANEOUS REASONS.
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                                                  BCMC
                                                  Apr 25, 2017 at 8:39 am
                                                  It is the governments responsibilty to prove that these judges have doubtful credentials and if it is true impeach them why keep them. Reality is they want rss people
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                                                    Abdul
                                                    Apr 25, 2017 at 9:57 am
                                                    AGREE with you 100 . Sangh wants their people in the justice department to cover their current and future crimes.
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                                                    Tushar
                                                    Apr 25, 2017 at 11:20 am
                                                    They are improper only for government who are not an independent authority .who knows they were found doubtful because they don't stand in favor of government for their pressure to declare the verdict in their favor always
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                                                    BCMC
                                                    Apr 25, 2017 at 8:27 am
                                                    They want judges who would bend on their command. No Modi or bjp/rss for 2019
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                                                      Saqaf
                                                      Apr 25, 2017 at 8:25 am
                                                      All 19 names rejected by govt. were not per specification of rss.bjp.v.h, hence denied.
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                                                        Mathura
                                                        Apr 25, 2017 at 7:22 am
                                                        Unfortunate that the present dispensation in the Government do not respect conventions that are they want others to respect. Government is not sole repository of wisdom. they want committed judiciary . They heavily criticised previous Governments for not accepting Collegium recommendations.
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                                                          Raghuveer Garg
                                                          Apr 25, 2017 at 7:59 am
                                                          Good comment, Mathura. This Govt wants to reject names who of those who can be independent and do not fall a prey to baits of post-retirement. Only Pro-BJP and RSS are favoured.
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                                                            rajan
                                                            Apr 25, 2017 at 8:08 am
                                                            Politicians have always been chameleons. They take different stands to suit their convenience. Not for nothing they say that politics is the last Refuge of the scoundrels
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