The issue of judicial appointments continues to drive a wedge between the judiciary and the Centre as the Supreme Court on Monday refused to buy the Government’s assurance of full cooperation in filling up vacancies on the condition that the Court should stop hearing a bunch of PIls pending with it on the same subject.
The proposal from the Centre was brought before the new Chief Justice of India JS Khehar by the Attorney General Mukul Rohatgi when hearing began on a bunch of PIls seeking filling up of vacancies in higher judiciary to curb pendency.
Rohatgi said, “I am personally of the opinion that it is not right to have parallel proceedings. Government is looking into the issue and we are in conversation with the CJI on the administrative side. Since the Government is seized of the issue, it will be appropriate not to hear these cases on the judicial side.” Rohatgi pointed out that during the pendency of the matter, the Centre was filing status reports indicating periodic decisions taken by law Ministry on clearing of recommendations forwarded by Collegium.
To allay all concerns, Rohatgi said, “Whenever the Chief Justice of India wants any information on vacancy, appointment, etc, we will be prompt to make it readily available.”
But the Bench of CJI Khehar and Justice NV Ramana did not find the proposal suitable. Going ahead with the petition, the Bench informed Rohatgi, “After allowing a petition to be entertained, we cannot disallow it at this stage. After all, they are projecting the cause of judiciary. How can we run away from this cause.”
Rohatgi raised the issue of Memorandum of Procedure that is pending consideration with the apex court since August 2016. A-G was of the view that once MoP issue is settled, problems of transparency, seniority, age, etc will be settled. The Bench posted the matter after one month. When Centre sought an adjournment beyond June, the Bench said, “let us see how things move. We will consider your request on the next date.”