
File Photo: Attorney General Mukul Rohatgi
New Delhi:
Defending the new judges appointment system, the Centre on Wednesday informed the Supreme Court how the present collegium appointed Judges despite objections from the Government.
Attorney General Mukul Rohatgi submitted a list in a sealed cover, containing adverse Intelligence Bureau reports and comments from the some of the Supreme Court Judges, to indicate that though the government wanted to stop such appointments, it was unable to do so.
The Supreme Court asked Attorney General Rohatgi, "Why didn't the government produce concrete material to stop such appointments?"
In an apparent reference to the appointing of former Chief Justice of India (CJI), Altamas Kabir's sister to Calcutta High Court, Mr Rohatgi replied, "Where is the need for concrete material when one Supreme Court Judge himself opposed the appointment?"
The Attorney General also told the top court that in one case, the collegium disapproved a name recommended by a High Court, but the next CJI asked the High Court to recommend the rejected name and made that person a High Court Judge.
Mr Rohatgi made more references: "There was one Judge who used to come late every day to High Court and carried it to the Supreme Court and it was embarrassment to the judge sitting with her. If that was her track record how was she elevated to the Supreme Court?"
Cited another instance, he said, "One judge who was in various high courts and in Supreme Court only wrote few judgements less than hundred in his career as a Judge and now that person is holding a high post."
The Attorney General also said it is a myth that judges alone will decide on who is the best person to be a judge.
A five-judge constitution bench is examining the validity of National Judicial Appointment Commission, replacing the 22-year-old Judges appointing Judges system.
Arguments will resume on Thursday.
Attorney General Mukul Rohatgi submitted a list in a sealed cover, containing adverse Intelligence Bureau reports and comments from the some of the Supreme Court Judges, to indicate that though the government wanted to stop such appointments, it was unable to do so.
The Supreme Court asked Attorney General Rohatgi, "Why didn't the government produce concrete material to stop such appointments?"
In an apparent reference to the appointing of former Chief Justice of India (CJI), Altamas Kabir's sister to Calcutta High Court, Mr Rohatgi replied, "Where is the need for concrete material when one Supreme Court Judge himself opposed the appointment?"
The Attorney General also told the top court that in one case, the collegium disapproved a name recommended by a High Court, but the next CJI asked the High Court to recommend the rejected name and made that person a High Court Judge.
Mr Rohatgi made more references: "There was one Judge who used to come late every day to High Court and carried it to the Supreme Court and it was embarrassment to the judge sitting with her. If that was her track record how was she elevated to the Supreme Court?"
Cited another instance, he said, "One judge who was in various high courts and in Supreme Court only wrote few judgements less than hundred in his career as a Judge and now that person is holding a high post."
The Attorney General also said it is a myth that judges alone will decide on who is the best person to be a judge.
A five-judge constitution bench is examining the validity of National Judicial Appointment Commission, replacing the 22-year-old Judges appointing Judges system.
Arguments will resume on Thursday.
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