Angered due to the delay in appointment of judg
the higher judiciary despite the recommendations made by the Supreme Court Collegium, the Supreme Court said that this is not a good sign.
The court said, ‘The government is also appointing and transferring judges as per its likes and dislikes. We have warned the government about this earlier also. The government is still hanging the files recommending transfer of judges in Allahabad, Delhi, Punjab and Gujarat High Courts. Transfers of four judges are pending in Gujarat High Court. The government did not do anything on these”
The Attorney General, defending the government, said that this has happened due to being busy with assembly elections. The government had no such intention and we have informed the government.
On this, Justice Kaul said, ‘We have recommended the appointment of 14 judges in the High Courts, but only one was appointed in the Guwahati High Court. This like or dislike of the government affects the seniority order of the judges. Lawyers give their consent to become judges only for the sake of seniority. When there will be no security, why would they agree to become a judge?”
Justice Sanjay Kishan Kaul said that out of the names we had sent last time, eight names are still pending. We know why those names have been kept pending. We also know the concerns of the government. The government did not clear more than half of the names”.
Senior advocate Dushyant Dave, on behalf of the petitioner, argued that the court should order the government to implement the decision given in the matter of appointment of Supreme Court judges in 1992. In that decision, there is also a provision of time limit for the government to take a decision on the recommendations of the collegium.
Addressing the Attorney General, Justice Kaul said that we did not pass the order keeping in mind your point and your respect, but every time the government is forcing us to take decisions of its own free will.
He said, ‘Six names for transfer of judges are still pending without giving any reason, including four from Gujarat High Court and one each from Allahabad and Delhi High Court. There are also five previous names on which the government neither sent any objection nor approved. Five other names have been sent again by the Collegium. Three names sent in July are still pending even after the deadline for objection has passed. Don’t know why”.