The long drawn tussle between Centre and judiciary over appointment of judges continues.
SC refuses to accept rejection of
The Supreme Court on Friday refused to accept rejection of 43 names by Centre recommended by its Collegium for appointment of HC judges by the Centre.
"We have reiterated 43 names for the appointment as judges of high courts which were rejected by the government and have been sent back for reconsideration," a bench comprising Chief Justice T S Thakur and A R Dave said.
The apex court stated this after Attorney General Mukul Rohatgi reminded the bench about the statement made by him during the last hearing on Tuesday.
The top court has sent back all 43 names for reconsideration.
The government last week told the Supreme Court that it had cleared 34 out of 77 names recommended by the collegium for appointment in High Court. It added that the remaining 43 names have been returned to the collegium.
Attorney General Mukul Rohatgi had said, "Out of 77 names recommended by the collegium, 34 have been cleared for appointment as High Court judges." The AG told SC that not a single file on appointment of judges is pending with the government.
The fresh Memorandum of Procedure (MoP) draft sent by government to the Supreme Court on August 3 is yet to receive a reply.
The Supreme Court had rapped the government in late October for not appointing judges despite recommendations made by the collegium in this regard.
"There should not be a deadlock in appointment of judges. You (Centre) cannot bring the institution to a grinding halt," said the top court hearing a petition concerning the delay in the appointment of judges to various high courts.
Stating that courtrooms across the country were being locked out because of lack of judges, the apex court said, "Government can't sit over a situation where executive inaction is decimating the judiciary. You have committed that process of appointment will continue without finalisation of Memorandum of Procedure (MoP). Finalisation of MoP has nothing to do with the ongoing appointment process in judiciary," the court told the Centre.
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