SC slams centre over "selective" transfer, naming of HC judges

The Supreme Court on Tuesday chided the government for what it called "selective" transfer and appointment of judges recommended by the top court's collegium.

A division bench headed by Justice Sanjay Kishan Kaul warned that it "hopes that the situation does not come to a pass where the collegium or this court takes a decision which wouldn't be palatable" to the government.

Speaking for the bench, Justice Kaul verbally remarked that the "pick and choose" policy adopted by the Centre in clearing certain transfers of high court judges was "troublesome and problematic".


The bench said once the high court judges were appointed, "where they perform their judicial duties should not be a matter of concern" to the government.

The bench said the "selective clearing" of appointments "disturbs the inter se seniority" and was dissuading young lawyers from giving their consent to get elevated for judgeship.

"Why would a young lawyer who has good practice keep his neck on the block if a junior is to be appointed before his senior (who has been recommended for elevation," Justice Kaul asked attorney general R Venktaramani.

The bench told the AG that five names that the Supreme Court collegium had reiterated for the second time and 14 new recommendations were still pending with the government. Assuring the bench that the matter had been taken up with the highest authorities, the AG sought time to come back with the progress on appointments and transfers.

Expressing its concern "over the lack of progress" on appointments and transfers, the bench posted the matter for resumed hearing on November 20.

Appearing on behalf of the petitioners in the case, advocate Prashant Bhushan urged the bench to issue contempt notice to the Centre and summon either the law secretary or the law minister.

At the last hearing, the bench had observed that "seniority" of judges would be "disturbed" if the names recommended for elevation by the collegium system were not cleared by the central government on time.