Taking exception to the Centre selectively picking and choosing candidates from among those recommended by the Collegium for appointment to the higher judiciary, the Supreme Court on Tuesday said it should not be forced to take an unpalatable decision.
“This pick and choose has created a lot of problem… Don’t do this… Selectively picking, choosing and appointing (judges) is a troublesome aspect,” a Bench led by Justice Sanjay Kishan Kaul told Attorney General R Venkataramani.
“We hope that a situation would not come where this court or the Collegium has to take some decision which may not be palatable (to the government),” the Bench said even as it appreciated that some appointments were expedited.
“We have put to the Attorney General that it is a matter of concern as emphasised on numerous occasions that if some appointments are made and some are not, the inter-se seniority is disturbed,” it said, pointing out that it made it difficult for the Collegium to persuade successful lawyers to join the Bench.
On pending recommendations for the transfer of high court judges, the Bench said it should be left to the judiciary to decide where a judge should work.
“We have expressed our concern to the Attorney General over the lack of progress in this direction. The pendency of transfer matters is an issue of great concern as it has been selectively done,” said Justice Kaul, who has been critical of the Centre for sitting over recommendations for judges’ appointment and transfer.
As Venkataramani said he needed time to have a fruitful discussion with the government, the Bench posted the matter for further hearing on November 20.
Petitioners’ counsel Prashant Bhushan urged the Bench to summon the Union Law Secretary for contempt of court.
The top court has been hearing a petition filed by the Advocates’ Association, Bengaluru alleging “wilful disobedience” of the time frame laid down to facilitate timely appointment of judges in its April 20, 2021, order.