Politicians frustrating collegium's decisions:Jethmalani to SC

Noted jurist Ram Jethmalani today told the Supreme Court that decisions of apex court collegium regarding appointment and transfer of judges for the higher judiciary were being "frustrated by politicians".
Jethmalani made the submission before a bench comprising Chief Justice T S Thakur and Justice A R Dave while seeking to intervene on behalf of an advocate from the Gujarat Bar Association in the ongoing proceedings relating to the appointment of judges for higher judiciary.
Referring to the matter pertaining to transfer and alleged "conduct" of Justice M R Shah of the Gujarat High Court, he said the situation there was "too bad", but did not elaborate.

"The collegium's decisions are being frustrated by the politicians," Jethmalani, also a Rajya Sabha MP, said in his brief submission and added that he needed to go to attend Parliament.
The bench, after hearing his submissions, allowed the application seeking intervention in the matter.
The applicant has also sought a direction to the Centre to take immediate steps to facilitate filling up of the existing vacancies of judges in the higher judiciary.

Meanwhile, during the day, the bench while hearing the main matter relating to appointment of judges, said that it has not accepted the Centre's stand of rejecting 43 names recommended by the apex court collegium for their appointment as judges of various high courts and these have been sent back for reconsideration.

"We have reiterated 43 names for the appointment as judges of high courts which were rejected by the government and have been sent back for reconsideration," the bench said after Attorney General Mukul Rohatgi reminded the bench about the statement made by him during the last hearing on Tuesday.
The Centre on Tuesday had told the court that it has cleared 34 names out of the 77 recommended by the collegium for appointment as judges in various high courts and no file with regard to the recommendations for appointment of judges was pending with it.
"Out of total 77 names, 34 names have been cleared for the appointment and rest 43 recommendations have been sent back to the apex court collegium for reconsideration," the AG, appearing for the Centre, had told the bench.

The matter will come up for further hearing after the court's winter vacation.