MOP issue cannot be heard in open court, says Supreme Court

NEW DELHI: A three-judge Supreme Court bench led by Chief Justice of India Dipak Misra recalled an order passed by another bench seeking an explanation from the government on the delay in finalising the Memorandum of Procedure, which governs the appointment of superior court judges.

“These matters cannot be heard on the judicial side,” Misra said, dismissing a petition on which the order was passed.

The other bench, comprising Justices Adarsh Kumar Goel and Uday Lalit, had asked the government to explain the delay and had appointed senior advocate KV Vishwanath as amicus curiae. Its order came on a petition filed by a lawyer who had earlier backed the government on the National Judicial Appointments Commission issue.


Misra, along with Justices AK Sikri and Amitava Roy, did not allow the lawyer to address the issue on the ground that the matter had become redundant after the top court rejected the NJAC Act and could not be re-agitated in open court.

The CJI also recalled an order passed by another bench seeking to hear the views of the government on setting up a national court of appeals, which would deal with appeals against high court decisions and leave the topcourt free to examine constitutional issues.