Plea in HC to restrain SC collegium from appointing judges

A petition was filed in the Delhi High Court seeking to restrain the Supreme Court 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".
It also sought a restraint on the Centre from acting on Supreme Court's collegium recommendation recently for elevating three High Court Chief Justices and a senior lawyer to the apex court.
The plea was mentioned for urgent listing before a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva which asked "how can this recommendation be challenged".
The bench also declined to list the matter for hearing today despite a spirited attempt made by a Mumbai-based lawyer, Mathews J Nedumpara, when it was informed that a similar plea was likely to come up for hearing tomorrow.

The court said if the other matter is listed for hearing tomorrow then the petitioner can mention his plea also and get it listed for tomorrow.
In his plea, the petitioner also urged for a declaration that selection and appointment of judges of the apex court and High Court be made by advertising the vacancies to invite applications from all eligible candidates.

He said that hundreds and thousands of lawyers are of the view that appointment to such offices should be open to all eligible candidates and only "the best ought to be selected and appointed".
Nedumpara has also said that the applications received should be processed by a competent authority through "an open and transparent mechanism".

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.

Nedumpara has sought directions "restraining the collegium consisting of the Chief Justice of India and four senior most Judges of the Supreme Court from making any recommendation for appointment of Judges of the Supreme Court and the High Courts".
He has also sought to "prohibit and restrain the Union of India from acting upon any such recommendation made by the collegium, and further to stay all further appointment of Judges till the collegium system is improved and rendered defect-free and foolproof."
The petitioner has also urged the court to declare that "no selection and appointment of Judges of the Supreme Court and the High Courts be made except by notification of the vacancies and invitation of applications from all eligible candidates."

The petitioner, who is leading a campaign titled 'National Lawyers' Campaign for Judicial Transparency and Reforms', said "hundreds and thousands of lawyers, believe that the offices of the Judges of the Supreme Court and High Courts are public offices of great esteem which should be open to all eligible candidates and, if found to be deserving, the best ought to be selected and appointed."
The plea alleged that "a large section of the legal fraternity and the public at large, of the higher judiciary being dominated by the kith and kin of sitting and former Judges of the Supreme Court and High Courts, celebrity lawyers, Chief Ministers, Governors.