5 Dec 2023 7:28 AM GMT
The petitions filed against the Central Government delaying the judges appointment were not listed in the Supreme Court today, despite a specific direction on the previous date of hearing.
Advocate Prashant Bhushan, appearing for one of the petitioner, invited the attention of the bench comprising Justice Sanjay Kishan Kaul and Sudhanshu Dhulia regarding this. Though the petitions were initially shown in the causelist for today, they were later deleted.
"The judges appointment matter is not listed today. It is strange that it is deleted," Bhushan said.
"I will just say one thing. I have not deleted the matter," Justice Kaul said.
"Your lordship should ask for an explanation from the Registry," Bhushan replied.
"I am sure the Chief Justice is aware of it," responded Justice Kaul.
"Very strange. A judicial order to list it today is there," Bhushan pointed out.
"Yesterday I found it was deleted. I checked up," Justice Kaul said.
When Bhushan said it was "very unusual", Justice Kaul replied, "somethings are best left unsaid sometimes".
"I clarify that it is not that I have deleted the matter or that I am unwilling to take the matter. Both", Justice Kaul said in conclusion.
On several previous occasion, the bench had criticised the Central Government for sitting over collegium resolutions. The Centre's "pick and choose" approach whereby only certain recommendations are approved and certain others are kept pending also came under the harsh criticism of the Court.
On the previous hearing date, the Court had flagged the selective approach in notifying the transfer of judges and specifically highlighted that four judges of the Gujarat High Court have not been transferred, despite the collegium recommendations.
Justice Kaul, who had earlier told the Attorney General that he will post the matter at regular intervals to monitor the progress in appointments, is retiring with effect from December 25. The Court will close for summer vacations on December 15.
Case : Advocates Association Bengaluru v. Barun Mitra & Anr. | Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019