11 Collegium Reiterations Not Cleared By Centre Within Set Time-Limit : Contempt Plea In Supreme Court

A contempt petition had been moved in the Supreme Court against the Central government for its delay in clearing the eleven names reiterated by the Supreme Court collegium for appointment as High Court Judges. 

The contempt petition filed by the Advocates Association Bengaluru has contended that the Centre's conduct in gross violation of the directions in PLR Projects Ltd v. Mahanadi Coalfields Pvt Ltd wherein the Supreme Court directed that names reiterated by the Collegium must be cleared by the Centre within 3 to 4 weeks.

A strict timeline had been laid down by the Supreme Court wherein once the the Supreme Court collegium reiterates the names, the Centre should make the appointment within 3-4 weeks of such reiteration, the petitioner alleged. 

The Supreme Court had stated that appointments have to be cleared by the Centre by adhering to the following timeframe, 

1. The Intelligence Bureau (IB) should submit its report/inputs within 4 to 6 weeks from the date of recommendation of the High Court Collegium, to the Central Government.

2. It would be desirable that the Central Government forward the file(s)/recommendations to the Supreme Court within 8 to 12 weeks from the date of receipt of views from the State Government and the report/input from the IB.

3. It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly if Government has any reservations on suitability or in public interest, within the same period of time it may be sent back to the Supreme Court Collegium with the specific reasons for reservation recorded

If the Supreme Court Collegium after consideration of the aforesaid inputs still reiterates the recommendation(s)unanimously (Cl. 24.1), such appointment should be processed and appointment should be made within 3 to 4weeks.

The petitioner further alleged that such an inordinate delay in clearing the names for appointment is detrimental to 'the cherished principle of the independence of the judiciary'. 

"It is submitted that the actions of the Respondents/Alleged Contemnors in not making appointments in terms of the recommendations of the Collegium headed by Hon'ble the Chief Justice of India, have an adverse impact on the Rule of Law, which has been held to be a part of the basic structure of the Constitution", the plea further averred. 

The following eleven names were specifically highlighted in the petition, 

1. Jaytosh Majumdar (Advocate)

Proposed for appointment as Calcutta High Court Judge; First recommended on July 24, 2019; Name reiterated on September 1, 2021.

2. Amitesh Banerjee (Advocate)

Proposed for appointment as Calcutta High Court Judge; First recommended on July 24, 2019; Name reiterated on September 1, 2021.

3. Raja Basu Chowdhury (Advocate)

Proposed for appointment as Calcutta High Court Judge; First recommended on July 24, 2019; Name reiterated on September 1, 2021.

4. Lapita Banerji (Advocate)

Proposed for appointment as Calcutta High Court Judge; First recommended on July 24, 2019; Name reiterated on September 1, 2021.

5. Moksha Kazmi (Khajuria) (Advocate)

Proposed for appointment as Jammu & Kashmir High Court Judge; First recommended on October 15, 2019; Name reiterated on September 9, 2021.

6. Rahul Bharti (Advocate)

Proposed for appointment as Jammu & Kashmir High Court Judge; First recommended on on March 2, 2021; Name reiterated on September 1, 2021.

7. Nagendra Ramachandra Naik (Advocate)

Proposed for appointment as Karnataka High Court Judge; First recommended on October 3, 2019; Name first reiterated March 2, 2021; Name reiterated a second time on September 1, 2021.

8. Aditya Sondhi (Advocate)

Proposed for appointment as Karnataka High Court Judge; First recommended on February 4, 2021; Name reiterated on September 1, 2021.

9. J Umesh Chandra Sharma (Judicial Officer)

Proposed for appointment as Allahabad High Court Judge; First recommended on February 4, 2021; Name reiterated on August 24, 2021.

10. Syed Waiz Mian (Judicial Officer)

Proposed for appointment as Allahabad High Court Judge; First recommended on February 4, 2021; Name reiterated on August 24, 2021.

11. Sakya Sen (Advocate)

Proposed for appointment as Calcutta High Court Judge; First recommended July 24, 2019; Name reiterated on October 8, 2021.

It was further submitted that the conduct of the Central government is in direct contravention with the Supreme Court judgments in Subhash Sharma, the Second Judges case, the Third Judges case wherein the Supreme Court had repeatedly advocated for the expedite appointment of the recommended names by the Supreme Court collegium.  

Case Title: The Advocates' Association Bengaluru v. Shri Barun Mitra, Secretary (Justice)