It has become fashionable for ex-judges to comment on collegium debates: Supreme Court
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The Supreme Court, while hearing RTI activist Anjali Bhardwaj’s plea seeking details of the collegium meeting held in 2018, said the existing collegium system should not be derailed based on the statements of some people who are “in the affairs of others”. are more interested in. “Hold on.
Supreme Court. (Photo: The Wire)
New Delhi: The Supreme Court on Friday said it has become fashionable for ex-judges to comment on oral discussions in collegium meetings.
The court also said that the existing collegium system should not be derailed on the basis of the statements of some people who are “more interested in the affairs of others”. He also emphasized that the Supreme Court is one of the most transparent institutions.
According to Times of India, a bench of Justice MR Shah and Justice CT Ravi Kumar was hearing a petition filed by RTI (Right to Information) activist Anjali Bhardwaj challenging the Delhi High Court’s order. was
The Delhi High Court had rejected Bhardwaj’s plea that on 12 December 2018, the ‘Supreme Court Collegium’ headed by the then CJI Ranjan Gogoi and Justices Madan B Loker, AK Sikri, SA Bobde and NV Ramana. ‘ meeting was held, in which the details were recorded. Asked about certain decisions allegedly made regarding the promotion of certain judges in the Supreme Court.
Advocate Prashant Bhushan, appearing for Bhardwaj, said that the resolutions of the meeting should be uploaded in writing for transparency.
He also said that former Supreme Court judge Justice MB Loker, who was part of the collegium in 2018, had publicly said that the decisions taken in the collegium meeting should have been uploaded on the Supreme Court’s website. .
Bhushan was referring to Justice Lokur’s media interview in 2019, in which he cited the non-promotion of Justices Pradeep Nandra Jog and Rajendra Menon, saying that he was disappointed that the December 12 collegium resolutions were upheld by the Supreme Court. Not uploaded to website. .
According to the collegium resolution uploaded on the Supreme Court’s website, “certain decisions were taken” in the December 12 meeting of the five judges. However, the necessary consultations could not be completed as the winter vacation of the court had begun. By the time the court reopened, the composition of the collegium had changed (Justice Sikri retired and Justice Arun Mishra joined). On January 5/6, 2019, after extensive deliberations, the newly constituted collegium deemed it appropriate to reconsider the proposals in the light of the matter and additional material available.
Justice Madan B. Lokur said in the interview, ‘Once we make some decisions, they have to be uploaded. I’m disappointed that it didn’t happen. He had said that he was not aware of the ‘additional material’ that led to the change in the collegium’s December 12, 2018 decision. Lokur retired on 30 December 2018.
In Friday’s hearing, the bench said, ‘These days it has become a fashion to comment on collegium decisions when he (former judge) was part of the collegium. We do not want to comment on their comments.
When Bhushan pointed out that Justice Lokur had said that the December 12 judgment should have been uploaded, Justice Shah asked how the oral argument in the collegium meeting could be recorded as a motion.
Bhushan said that the question is whether the common people have the right to know the decisions taken by the collegium under RTI. He said that the Supreme Court has said that it is for transparency and it backs down when it comes to collegium resolutions.
“We are one of the most transparent institutions and we are not backing down from this point,” the bench said. But, this is an inquiry made by an unrelated person. Many things are said in a collegium meeting. These are never recorded, what is recorded is the final decision.
While reserving its verdict on the petition, the bench said, ‘The existing collegium system which is functioning should not be derailed. The Collegium does not function on the basis of anyone who is more interested in the work of others. Let the collegium function according to its duties.
(With input from news agency Bhasha)
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