Thread by @barandbench

[Delay in clearing appointment of Judges]

#SupremeCourt to hear petitions concerning delay by Central Government in clearing names as High Court and SC judges after being cleared by #Collegium

Attorney-General of India R. Venkataramani had told the Supreme Court that the Union government will adhere to the timelines fixed by the court to process recommendations for judicial appointments #collegium #SupremeCourt

Hearing begins.

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Attorney General makes submissions: As far as the 104 recommendations are concerns, kindly turn to page 2..

13/39 are being processed. Some are pending with the government..

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Justice Kaul: There is nothing pending with the collegium. Maybe one.

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Justice Oka shows page "proposals pending with DoJ."

Justice Kaul: There are five pending from December. It is now February.

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AG: Those.. warrants will be issued. Soon.

Justice Kaul: How would I know? I have no knowledge. Should we record?

AG: It'll happen.

Court records: "AG submits that so far as five recommendations made for Supreme Court, warrants will be issued within five days".

AG: You may not record the time..you may say it is happening.

Justice Kaul: It has been happening! But when will this happen? Things have not been happening for years together.

AG: I'm just saying, a timeline may not be given. Every moment the file is being followed up.

Justice Kaul: Let's come to the rest.. If transfer orders are not implemented, what do you want us to? should we withdraw work from them? If we think somebody should be working in B court instead of A court. This is very very serious to my mind.

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Justice Kaul: You will make us take some tough decisions. I understand you have something to say about new appointments. But transfers? It's a serious issue.

AG requests short deferral.

Justice Kaul: Don't make us take a difficult stand.

AG: Please defer it and let me look into it.

Order: We have put to the Ld. Attorney that any delay in transfers may result in admin and judicial actions which may not be palatable.

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Court: One Chief Justice is recommended. He's about to retire in 19 days.

Order: Attorney says he is aware, and will look into it.

We'll hear it after a week.

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Adv Prashant Bhushan shows cases of recommendations from 2019, which have been reiterated multiple times till now: How can this be.. ?

Justice Kaul: I am taking one by one. let them take some steps be taken at least.. that's why I've put it after a week.

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Bhushan: After reiteration, they have no option! They can't keep sending it back again and again and again.

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Order: Prashant Bhushan also seeks to flag the issue of names that have been reiterated for which warrants of appointments have not been issued.

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Another petitioner counsel: It is unfortunate I have to make this statement.. but court is being attacked outside court.

Justice Kaul: We are used to it.

Counsel: The confidence of the people..

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Court: We are dealing with more important issues. Attorney has said he will give us some good news by Friday.

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AG request a longer time.

Court: Okay, ten days. I am taking your word for the five judges, the transfers and the High Court Chief Justice. On this, I am giving you ten days.

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Hearing ends.

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