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This is an archive article published on September 26, 2023

70 Collegium proposals pending: Supreme Court says will monitor, not be quiet

The Supreme Court bench was hearing a plea by the Bengaluru Advocates Association seeking contempt of court proceedings against the government for alleged delay in the appointment of judges.

Supreme CourtThe bench pointed out that one of the pending files is that of the appointment of the Chief Justice of a “sensitive High Court''. (Express photo by Abhinav Saha)
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70 Collegium proposals pending: Supreme Court says will monitor, not be quiet
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Upset over the pendency of recommendations for appointment and transfer of High Court judges and underlining that 70 recommendations made by the Collegium are still pending with the government, the Supreme Court said Tuesday it will “monitor” the issue “closely” and take it up once in “10-12 days” at least “till it is done”.

Asking Attorney General R Venkataramani to take instructions in the matter, Justice Sanjay Kishan Kaul, on a bench with Justice Sudhanshu Dhulia, said, “Today I am quiet because the AG says one week. Next day I may not be quiet.”

The bench will hear the matter next on October 9.

It is hearing a plea by the Advocates’ Association of Bengaluru which is seeking contempt of court proceedings against the government for alleged delay on its part in the matter of appointment of judges.

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Justice Kaul said, “In some ways, we have endeavoured to push these things. Now we want to monitor it closely.”

The bench told Venkataramani that 70 recommendations made by the Collegium since November 11, 2022 are currently pending with the government.

Giving the break-up, Justice Kaul said the “number of names reiterated is 7” while “9 names have been proposed for the first time.”

He said there is one Chief Justice promotion and 26 transfers “which means 70 names recommended from November 11, 2022”.

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The number of pending files, Justice Kaul said, was 80 until four days ago, but since then, the government had cleared 10 names. “So, the present figure is 70.”

The bench pointed out that one of the pending files is that of the appointment of the Chief Justice of a “sensitive High Court”.

This was an apparent reference to the Manipur High Court for which the Collegium, on July 5 this year, had recommended the appointment of Delhi High Court judge Justice Siddharth Mridul as Chief Justice.

The bench asked Venkataramani to take instructions in the matter. He assured he would do so and sought a week’s time.

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Responding to submissions by advocate Prasanth Bhushan, who appeared for NGO Common Cause, which is also a party in the matter, Justice Kaul said the delay over the recommendations makes some withdraw their names.

“With the assurance from AG that till it is done, every 10 days-12 days at least, I will take up the matter. I thought of saying a lot, but since the Attorney General is asking for 7 days, I am holding myself,” he said.

“If he can get everything done, I have nothing to do, I will be more than happy,” Justice Kaul said.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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