Government will adhere to timelines on judicial appointments: Attorney General R Venkataramani to SC

Signalling at ending the deadlock with the top court over judges' appointments, the Centre on Friday assured the Apex Court that the government will adhere to timelines on judicial appointments. Appearing on behalf of the Centre, Attorney General R Venkataramani assured the Supreme Court that pending collegium recommendations will be cleared at the earliest. He informed a division bench comprising Justices Sanjay Kishan Kaul and AS Oka that 44 collegium recommendations will be processed and sent within the next few days.

Significantly, on the five names recommended for elevation to the Supreme Court, the Attorney General sought time stating that he was examining the matter, clarifying that he meant the process and not the names. When enquired about the five recommendations, the AG sought adjournment replying that he has some inputs, but he needs some time. Allowing his request, the bench told the AG that there should not be any further delay.

The bench also enquired about the ten Collegium recommendations pending with the central government for the Rajasthan High Court. The AG said that he will investigate the matter without further delay. The bench also pointed out that recently 22 names were returned by the Centre and some of those names were earlier reiterated by the Supreme Court collegium. Some names were reiterated by the collegium three times, despite which the Centre returned them.

The bench reiterated its regret that such delay by the Centre in processing names sent by the Collegium has resulted in meritorious lawyers not giving their consent to become judges and some withdrawing their consent on account of delay by the Centre. Speaking for the bench, Justice Sanjay Kishan Kaul verbally observed that his concern was that an environment is being created where meritorious people are hesitant to give consent. The bench underlined that the Centre cannot sit on Collegium recommendations without taking any decision for the fear that the Collegium would reiterate the recommendation even if the file is sent back by the government. Justice Kaul said the government might have apprehensions, but names cannot be kept on hold without sending the top Court some comments in the fear that the Collegium will recapitulate.“Once we reiterate, I don't see any problem in clearing the appointment," the bench added