Unjustified delay

Sir — The open discussion began from June 8 on the issue of alleged wrong selection of judges to higher courts, during the ongoing discussion on the validity of the National Judicial Appointments Commission, before the five-member bench of the Supreme Court — which is presently holding a special hearing during the summer-break of the apex court. 

This puts a question mark on the relevance of the stay order dated November 24, 2009, on various CIC-verdicts ordering disclosure of information on appointment of judges at higher courts and several other aspects concerning administrative aspects of higher judiciary, including correspondences with the Chief Justice of India, in-house procedure etc in SlP(C) numbers 32855 & 32856 of 2009, where a division bench of the apex court had ordered its registry to place the matter before the Chief Justice of India for constituting a larger bench. 

It is significant that similar matters were earlier also in open discussion on the non-appointment of Gopal Subramaniam as a Supreme Court judge and former Supreme Court judge Markandey Katju exposing politicians for their interference in the appointment of judges to higher courts. Subsequently, a division bench of the Supreme Court even ordered to make ‘in-house’ procedure at the Supreme Court public.

The long-pending decision on referred CIC verdicts has resulted in the deferment of CIC-hearings in many such matters. The Chief Justice of India should immediately constitute a larger bench to decide in a fast-track manner the Supreme Court’s own petitions, where successive Chief Justices have deferred with comments like ‘put it later’ or ‘put it after vacations’.