Row Over Judges' Appt Continues

The confrontation between the executive and the judiciary over the appointment of judges to the high courts and the Supreme Court was reflected in the increasing number of petitions moved yesterday in the apex court. A two-judge bench referred the petitions to a larger bench of three judges.

A Constitution bench is scheduled to hear on September 15 a presidential reference raising vital questions on the prevailing procedure on such appointments. Meanwhile, a bench consisting of Justice S Saghir Ahmad and Justice K T Thomas has been hearing several petitions on the same subject. While one wants the appointments be made on the recommendations of the Chief Justice of India, another states that the Chief Justice has not followed the norms and therefore his recommendations should not be accepted. Attorney General Soli Sorabjee has assured the court candidates who are not opposed either by the executive or the Chief Justice would be appointed.

 

The reference to a larger bench was made by the court even as the Attorney General and counsel for otherpetitioners opposed such a move. During the hearing, Justice Ahmad remarked that against a sanctioned strength of 70 judges in the Allahabad high court, as many as 34 posts were lying vacant and observed that nobody was bothered about the high courts and the resultant plight of the litigants.

Sorabjee said, "What can the government do when the President has questioned the sanctity of the consultation process?" He added that in his capacity as the first law officer of the government he has written to the Centre to clear all those appointments to high courts on which there was no controversy.

Sorabjee said the government was keen on speeding up the hearings before the nine-judge bench and in an application had sought directions for that purpose.