CJI refuses to be part of panel to select NJAC members, SC told

NEW DELHI: Lending a new twist, Chief Justice of India H L Dattu has refused to attend a meeting with the Prime Minister and opposition leader of the selection committee of the National Judicial Appointments Commission ( NJAC) till the validity of the law is upheld, a development the AG called a "constitutional stalemate".

The development came on a day the five-judge Constitution bench of the Supreme Court headed by Justice J S Khehar, began hearings in the case challenging the NJAC after it had recently rejected the contention that it cannot hear the pleas on the ground of bias and conflict of interest.

As the bench got ready to hear the pleas on merits, it was told by Attorney General Mukul Rohatgi that the CJI has written to Prime Minister Narendra Modi that he will not take part in selection of two eminent persons to the NJAC panel till the validity of the law is settled.

"In response to the invitation from your office to attend meeting to select two eminent persons, I have to say that it is neither appropriate nor desirable for me to attend the meeting or be part of National Judicial Appointments Commission till the Supreme Court decides its validity," the CJI has said in his letter to Modi, sources said.

The three-member panel comprises Chief Justice of India, Prime Minister and the Leader of Opposition, who are authorized to select and appoint two eminent persons in the six-member NJAC for appointment of judges to higher judiciary.

Terming the development as "constitutional stalemate", Rohatgi said the bench may ask the CJI to take part in the meetings for selecting the two members of the NJAC panel.

The bench, also comprising Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel, then sought the views of eminent lawyers including Ram Jethmalani, F S Nariman, K Parasaran, Harish Salve and the Attorney General on how to proceed with the matter taking into account that in immediate future there would be the eventuality of appointment of existing additional judges of high courts whose tenures are coming to an end.

After taking note of their views, the judges retired to their chambers and assembled after 15 minutes.