"Why there is mistrust? Where's the proposal languishing? 75 names have been recommended by the collegium, but there seems to be no response. Even, appointment of chief justices are pending.
Sending a strong message to Centre for its delay in appointing the judges in high courts and Apex court, the Supreme Court on Friday observed that the justice delivery system is "collapsing" and that it will not tolerate the "logjam" but would intervene to make it accountable.
The bench headed by Chief Justice of India TS Thakur expressed anguish and said, "Don't force us to ask where the files are... Don't sit over the files. Don't force us to judicially intervene... Don't try to bring this institution to a grinding halt… That's not the right thing to do."
"Why there is mistrust? Where's the proposal languishing? 75 names have been recommended by the collegium, but there seems to be no response. Even, appointment of chief justices are pending.
"Transfer of judges are pending. The judges who have been transferred are not being transferred. We don't want all these. This logjam is not good," the Bench, also comprising justices AM Khanwilkar and DY Chandrachud, said.
Referring to differences between judiciary and the Centre over the Memorandum of Procedure (MoP) dealing with the appointment of judges, it said the process of appointment cannot be stalled owing to delay in finalisation of the MoP.
The Bench said that if the government has any reservation against any names then it can always come back to the collegium. "If there is problem with regard to any name, please sent the file back to us (for reconsideration)," it said.
The CJI, referring to his recent visit to Hyderabad, said that the Andhra Pradesh High Court is presently working at its 40 per cent of original strength and the pendency has risen immensely. Attorney General Mukul Rohatgi said, "I will take it up at the highest level and will come back to the court."
He pleaded that no notice be issued for the time being on the PIL filed by 1971 war veteran Lieutenant Colonel Anil Kabotra on the issue.
In the meantime, the Rajya Sabha was informed by the government that 478 vacancies are yet to be filled up in 24 high courts and that nearly 39 lakh cases are pending there.
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