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Synopsis

The Centre has stated before Supreme Court today that new appointments of judges to the top court would be notified soon.

The assurance was given by Attorney General for India (AG) R. Venkatramani while a hearing was underway before a Justice SK Kaul led bench on a public interest litigation filed by Advocates Association, Bengaluru averring disobedience by centre on recommendations of the collegium.

"Sometimes you take days, sometimes you do it overnight. Where is the uniformity? We will give you ten days," the bench said.

The Supreme Court Collegium recommended the elevation of Rajasthan High Court Chief Justice Pankaj Mithal, Patna High Court Chief Justice Sanjay Karol, Manipur High Court Chief Justice PV Sanjay Kumar, Patna High Court Judge Ahsanuddin Amanullah and Allahabad High Court Judge Manoj Misra as judges of the Supreme Court on December 13, 2021. 

Further, on January 31, the collegium had recommended elevation of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar to Supreme Court.

Today, the bench pointed out that Chief Justice of a high court was slated to retire in about 20 days.

 

The petition filed by the Advocates Association Bengaluru has stated that "these inordinate delays in the appointment of Judges to the Hon’ble High Courts after the recommendation by the Collegium headed by Hon’ble the Chief Justice of India even after reiteration, is a direct contravention of the judgment dated 06.10.1993 passed by a Bench of Nine Hon’ble Judges of this Hon’ble Court in the Second Judges case (M/s PLR Projects Pvt. Ltd. v. Mahanadi Coalfields Ltd.)."

 

It is further submitted in the petition that the unreasonable delays in the matters of appointment after recommendations have been made by the Collegium headed by Hon’ble the Chief Justice of India, is detrimental to the recomendees.

 

Case Title: The Association of Advocates Bengaluru Vs. Shri Barun Mitra, Secretary (Justice) & Anr.