Central decision triggers slugfest across parties, bar

The Centre's decision to return Justice KM Joseph's file to the collegium invoked sharp criticism across quarters. While the Congress accused the BJP-led government of interfering in the judiciary, the bar suggested that the state is cherry-picking its judges.

Congress leader Kapil Sibal said, "The law is quite clear. Only the collegium will decide whom to appoint as the judges, but the government is bent upon ignoring its recommendations, keeping them pending and not appointing unless the persons are of its liking."

"That is why we have been saying for the past many months that India's judiciary is in danger and the democracy will come in danger unless our judiciary defends its independence in one voice that enough is enough," he told news persons on Thursday.

Sibal said the government is so adamant on appointing judges to their liking that the vacancies in the High Courts have piled up to 40 per cent of the total strength. According to the statistics available on the law ministry's website, there are 410 vacancies as against the total sanctioned strength of 1,079. "Only the people suffer as fewer judges means much longer time to get justice," Sibal said.

Furthermore, Sibal dismissed Prasad's claim of rejecting Chief Justice Joseph's case on grounds of equitable representation to the states. "If you do not want to appoint somebody, have the courage to say I will not appoint him. Why try to make a fool of the public," he added.

Recalling his tenure as a union law minister under the UPA coalition, Sibal confessed his government often crossed swords with the judiciary, however, the Collegium always had the last word on the appointment of judges.

Reacting to the criticism, Union Law Minister Ravi Shankar Prasad lashed out at Congress suggesting that the party has no moral authority to stand on since it was the opposition party which had a "record" of meting out "unfair treatment" to the judiciary.

Slamming the Congress for their attack on Prime Minister Narendra Modi and the allegations that BJP was stalling appointments, Prasad said: "The whole record of the Congress party is littered with instances of superceding judges who were found to be inconvenient...the legendary judge HR Khanna who gave the dissenting judgement during Emergency and upheld the freedom of Indians was denied the post of Chief Justice even for two months and superceded by a junior."

Prasad added that BJP leaders had fought for freedom of press and judiciary during the emergency. "That is our commitment. We have fought for the cause of independence of the judiciary, Congress should stop lecturing us," he said.

The CPM demanded the President's immediate intervention to ensure that the procedure as laid out in the selection of judges is followed and the Collegium's recommendation to elevate Chief Justice Joseph to the top court is cleared.

Issuing a statement, the Left party accused the BJP-led NDA government of "unwarranted intrusion" in the selection process. "The government has not cleared the appointment of Justice KM Joseph. This is an unwarranted intrusion into the selection process of a judge and will affect the independence of the judiciary. The President of India must immediately intervene to ensure that the laid-out procedure is followed and the appointment of Justice Joseph is cleared, " said a party release.

The slugfest spilled over in the confines of the corridors of the Supreme Court when a delegation of 100 lawyers led by senior advocates Indira Jaisingh and Vikas Singh moved a bench led by Chief Justice of India Dipak Misra seeking a stay on the President's warrant appointing Malhotra as an apex court judge.

However, the apex court rejected the bar's representation terming the plea "unimaginable, unthinkable and unconscionable." The bench, which also comprised Justices AM Khanwilkar and DY Chandrachud, took strong objection to the bar's plea and dismissed claims that the government was "cherry picking" judges.

"What kind of prayer is this," the Bench said, adding that the Centre is "well within its right to send back the recommendation for reconsideration."

"As per Constitution Bench decisions, the government can send the file (Justice Joseph's) back for re-consideration... when they send it back, we (collegium) will consider it appropriately," Chief Justice Misra said.