In an unexpected development at the Supreme Court on Tuesday, the case addressing delays by the Central government in notifying the appointment of judges recommended by the Supreme Court Collegium was mysteriously removed from the causelist.
Advocate Prashant Bhushan, apprising the bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, revealed that the case had been deleted without prior notice, terming the situation as “very strange.” Expressing concern, Bhushan questioned the role of the registry in this unanticipated deletion.
Justice Kaul clarified that he had no involvement in the deletion process but hinted that the Chief Justice of India might be aware of it. Suggesting discretion in addressing certain matters, he remarked, “I had not deleted it or expressed unwillingness to take it up. I am sure the CJI is aware of it (deletion). Some things are best left unsaid. We will see.”
The case in question was filed by the Advocates Association Bengaluru, highlighting the prolonged delays in appointing judges. The Association argued that the Central government’s failure to expedite the names recommended by the Collegium for appointment went against the Second Judges case judgment of the top court.
In November, the Supreme Court had emphasized that the Central government cannot obstruct the appointment of judges solely because the names it approved were not endorsed by the Collegium. The Bench had firmly stated that when the Collegium rejects a name for judgeship, that decision should be final.
Furthermore, the Court had criticized the Central government for adopting a “pick and choose” approach in judge appointments, expressing concerns about the disturbance in seniority among the recommended candidates for judgeship. The Kaul-led bench had actively monitored the status of Collegium files sent to the government for approval, keeping the government accountable for the timely processing of appointments.