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With petitions seeking contempt against the Centre over the delay in appointing judges whose names were cleared by the Supreme Court collegium not being listed before him on Tuesday, Justice S K Kaul remarked that he had not deleted the matter from the day’s causelist nor was he unwilling to hear it.
“I clarify that it is not that I have deleted the matter or that I am unwilling to take the matter, both,” Justice Kaul remarked as advocate Prashant Bhushan appearing for a petitioner pointed out that the matter which was scheduled for hearing Tuesday had however been deleted from the causelist, which is the list of daily business of the court.
Bhushan told the bench, also comprising Justice Sudhanshu Dhulia, that “it is strange that it is deleted”, Justice Kaul responded that “I will just say one thing. I have not deleted the matter.”
The counsel said the bench “should ask for an explanation from the registry,” to which Justice Kaul said “I am sure the Chief Justice is aware of it…Yesterday I found it was deleted. I checked up”.
Bhushan termed it “very unusual”. Justice Kaul remarked that “some things are best left unsaid sometimes”.
Justice Kaul, a member himself of the SC Collegium making recommendations for appointment and transfer of judges of the top court and High Courts, was hearing two petitions including one by the Bengaluru Advocates Association seeking contempt of court proceedings against the government for allegedly delaying clearing the names proposed by the Collegium.
Hearing it last on November 20, the bench presided by Justice Kaul reiterated its displeasure over what it termed as a “pick and choose” practice adopted by the Centre in clearing the Collegium’s recommendations and said this “sends a very wrong signal”.
Justice Kaul said then that “of the names recommended for appointment as HC judges recently, eight have not been cleared, including some who are senior to those who have been appointed. Besides, five names from the earlier lot which were reiterated, too, have not been appointed”
He added that “what has troubled us is this. Even now, the last lot of names, we considered the opinions of the government, took into account all the material, (but) not even 50 per cent of the names are cleared. Out of that also, when you detain eight names, it upsets the seniority, and sends a very wrong signal.”
Attorney General R Venkataramani had then submitted that the delay after the previous hearing was “not because of any reluctance” on the part of the government, but due to the ongoing Assembly elections and communication issues. He had also assured the court that many things will get cleared in a week or so.
With his retirement date fast approaching – he retires on December 25 — Justice Kaul had decided to hear the matter again Tuesday.
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