"Collegium not a Search Committee", SC asks Attorney General to respond on non-appointment of reiterated names

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Synopsis

"Let's not make it overly sensitive", the AG said to Senior Advocate Kapil Sibal, addressing his submission on the institution's delay in appointing Justice Sarangi as Jharkhand High Court Chief Justice

The Supreme Court today asked the Central government to give a list of candidates whose names have been reiterated by the Supreme Court Collegium several times and the reasons for the difficulty in appointing them till now.

"The collegium is not a SEARCH COMMITTEE..so you come back to us for what are the reasons..", the Chief Justice of India told Attorney General R Venkataramani.

In the morning today as the top court was hearing mentioning, the AG requested for an adjournment saying "I would like to put in some responses, it can be taken up at a later point...".

Court asked the petitioner if there was in issue in adjourning, but decided to take up the matter when it was called out.

As the PIL on delay in judicial appointments was taken up, Senior Advocate Kapil Sibal appeared in the contempt petition filed by Jharkhand government against the Centre's non-clearance of the Resolution passed by the Collegium appointing the Chief Justice for the Jharkhand High Court.

The bench also comprising Justices Pardiwala and Manoj Misra ordered to take up the matter next week, while giving some time to the Centre for clearing the recommendations.

Advocate Prashant Bhushan also mentioned another petition from 2018 on judicial appointments, raising a specific point on names being reiterated like Senior Advocate Saurabh Kirpal etc.

Yesterday, the AG had submitted before Supreme Court that he was unaware of the petition filed by Jharkhand government on its Chief Justice's appointment.

The Jharkhand government has approached the top court saying it is incumbent upon the Union Government to clear the names recommended by the Collegium, and make the appointments, within a reasonable time frame. Once a name has been reiterated by the Collegium, there is no option but for the government to make the appointment, it has added.

Arguing Chief Justice of the High Court performs important administrative functions and not having a Chief Justice affects the administration of Justice in the State, the petition submits, "The Collegium had acted promptly and recommended well in advance the vacancy arising on the post of Chief Justice of Jharkhand on 11.07.2024. By not acting on the collegium resolution would result in affecting the administration of Justice in the State of Jharkhand.".

Case Title: Harsh Vibhore Singhal vs. UOI