HC says no to interim order against SC collegium decision

The Delhi High Court today refrained from passing any interim stay order on a plea challenging a recent collegium's recommendation for elevating three judges and a senior lawyer to the apex court.
After a brief hearing of arguments, Justice Manmohan adjourned the matter to May 13.
The petition, by a lawyer R P Luthra, has sought directions to the Centre to not act upon recommendations made by the apex court's collegium since such appointments would be "contrary to the spirit" of the judgement setting aside the National Judicial Appointments Commission Act.
The petitioner argued that the recommendations were made without even finalising the memorandum of procedure.

He alleged that the current system lacked transparency and has not taken into account the suggestions given by all stakeholders, including lawyers. He also alleged nepotism in the appointments to the higher judiciary.
Additional Solicitor General Sanjay Jain, appearing for the Centre, opposed maintainability of the plea, saying the high court cannot under Article 226 interfere with the apex court recommendations.

In response to this, Luthra said the high court can hear this matter as he has only challenged an administrative action of the apex court and not a judgement.
The court also listed for hearing on May 13 a similar plea by a Mumbai-based lawyer, Mathews J Nedumpara, who apart from opposing the recent elevations, has also sought directions restraining the collegium from recommending appointments to the higher judiciary and the government from acting on the recommendations till the system is "defect-free and fool-proof".

In his plea too, Luthra has sought directions to the Centre not to act upon the recent recommendations of the Collegium relating to appointment of three HC Chief Justices and a senior advocate to the Supreme Court.
Recently the collegium headed by Chief Justice of India T S Thakur has recommended elevation of Chief Justice A M Khanwilkar of the Madhya Pradesh High Court, Chief Justice D Y Chandrachud of the Allahabad High Court and Chief Justice Ashok Bhushan of the Kerala High Court to the Supreme Court.
The collegium also recommended the appointment of former Additional Solicitor General and senior advocate L Nageswara Rao as a Supreme Court judge.

The apex court's current strength of judges is 25, against the sanctioned strength of 31. With the elevation of three High Court Chief Justices and Rao the strength will go upto 29.