This way, the government is indirectly compelling persons recommended by the Collegium, to withdraw their names from the fray, a bench of Justices Sanjay Kishan Kaul and AS Oka opined.
“We find the method of keeping the names on hold whether duly recommended or reiterated is becoming some sort of a device to compel these persons to withdraw their names as has happened,” the Court said.
In this regard, the Court highlighted 21 recommendations in total which are pending with the government.
With respect to eleven of those, the government is yet to respond.
“If we look at the position of pending cases for consideration, there are 11 cases pending with the Government which were cleared by the Collegium and yet are awaiting appointments. The oldest of them is of vintage September 4, 2021 as the date of dispatch and the last two on September 13, 2022. This implies that the Government neither appoints the persons and nor communicates its reservation, if any, on the names,” the Court noted.
Ten other names pending are ones which the Collegium had reiterated after the Central government had conveyed its objections.
Despite the reiteration, the appointments are yet to be notified.
“There are also 10 names pending with the Government which have been reiterated by the Supreme Court Collegium starting from September 4, 2021 to July 18, 2022,” the Court said.
Source: Barandbench
