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'Make sure what is expected to be done, is done' Supreme Court tells Union on approving collegium recommendations

Justice Sanjay Kishan Kaul observed that certain issues with regard to judges' appointments were concerning.

February 13, 2023 / 17:37 IST
The Supreme Court of India

The Supreme Court on February 13, orally asked the government to do what is expected to be done of them with respect to the recommendations made by the court's Collegium for appointment/ transfer of judges to High Courts and the Supreme Court.

The bench led by Justice Sanjay Kishan Kaul observed that certain issues with regard to judges' appointments were concerning.

The court was hearing a petition pertaining to the Union’s delay in clearing names for appointment and transfer of judges recommended by the collegium.

Appearing for a petitioner, Advocate Prashant Bhushan said that the delays cannot go on endlessly. He said “Some appointments and transfers are selectively notified.” The bench replied"We are equally worried if not more," Justice Kaul underlined.

The lawyer for the Union government sought adjournment citing the unavailability of the Attorney General. The court adjourned the case for further consideration in the second week of March and orally asked the central government to do what is expected of them.

On February 3, the Supreme Court warned the Union government that any delay in processing the transfer of judges recommended by the collegium would attract undesirable judicial and administrative action. The court had questioned the AG on proposals sent by the collegium for the transfer of judges. Justice Sanjay Kishan Kaul, who led the bench, said “If transfer orders are not implemented, what do you want us to do? Should we withdraw work from them? This is very very serious to my mind!”

On January 6, Attorney General had Union Government will adhere to the timelines related to the appointment of judges.

S.N.Thyagarajan
first published: Feb 13, 2023 05:28 pm

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