SC agrees to hear after two weeks pleas over Centre's delay in judges' appointment
New Delhi (PTI): The Supreme Court on Thursday agreed to list a batch of pleas questioning the delay on the part of the central government in appointment of judges after the collegium reiterated their names.
A bench of Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran said it will hear the pleas after two weeks after senior advocate Arvind Datar and advocate Prashant Bhushan mentioned them for urgent listing, saying the petitions were listed in 2023 but were suddenly dropped from the cause list.
"There are names of some judges which were reiterated in 2019, then 2020 and 2022, but till now they have not been cleared. This court has a fixed time limit for taking decisions at every stage. A delay of a few weeks is understandable but a delay of four years is not understandable at all," Datar said.
Eventually, what happens is that the candidate whose name has been recommended for judgeship by the Supreme Court Collegium gradually loses interest and seniority, he said.
The counsel also referred to instances where advocates in Delhi and Mumbai, whose names were recommended, eventually withdrew their names.
CJI Gavai said that in the case of Delhi, when a woman advocate's name was not cleared by the Centre, he tried to persuade on the administrative side.
Datar said the matter was last taken up by Justice (retd) Sanjay Kishan Kaul.
Bhushan, referring to the instance of the Delhi advocate's name not being cleared, said she was a topper of a National Law School and claimed that this has been happening repeatedly.
When Bhushan tried to raise the case of governors, where the apex court has fixed a timeline for clearing bills, CJI Gavai asked Bhushan not to mention anything sub-judice and told him to keep his powder dry.
The top court is hearing a presidential reference over its April 8 verdict which fixed a timeline for governors to clear bills passed by assemblies and also for the President to grant assent to them.
On December 5, 2023, Justice Sanjay Kishan Kaul observed, "Some things are best left unsaid," when some lawyers pointed out the sudden deletion from the cause list of the pleas related to the alleged delay by the Centre in acting on the collegium's recommendations on elevation and transfer of high court judges.
The apex court is seized of two such petitions.
While hearing the matter on November 20, 2023, the court flagged the issue of the Centre "picking and choosing" high court judges recommended for transfer by the collegium, saying it does not send out a good signal.
The appointment of judges through the collegium system, where judges appoint judges of constitutional courts, has often become a hot button issue between the Supreme Court and the Centre, with the mechanism drawing criticism from different quarters.
The top court is hearing petitions, including one filed by the Advocates' Association, Bengaluru, seeking contempt action against the Union Ministry of Law and Justice for allegedly not adhering to the timeline set by the court in a 2021 judgement for clearing the names recommended by the SC Collegium for elevation and transfer of high court judges.
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Bengal elections: Bhangar tense during polling, ISF claims voters, agents threatened
Kolkata (PTI): Tension gripped South 24 Parganas' Bhangar and its adjoining areas during the second phase of polling in West Bengal on Wednesday, with the Indian Secular Front (ISF) accusing TMC of trying to intimidate polling agents and influence voters.
NIA officials have been deployed in at least seven Assembly seats of West Bengal, where the second phase of polling is underway on Wednesday, after the Election Commission asked the federal probe agency to ensure bombs are not used to disrupt polling.
On April 26, police recovered crude bombs from the house of a person, allegedly a TMC worker, in Bhangar. Later, on a directive by the Union Home Ministry, the NIA registered a case to probe the recovery of 79 crude bombs in the state.
Trouble was reported from several pockets of Bhangar and Canning Purba constituency since morning, prompting heavy deployment of central forces, state police and NIA teams in sensitive areas.
At Hedia in Canning Purba constituency, the ISF alleged that one of its polling agents received death threats from TMC supporters.
ISF candidate Arabul Islam rushed to the spot after receiving the complaint and accused the administration of failing to ensure a fair election.
"Votes are being looted in Canning Purba. Our agents in booths are being driven out of several booths after snatching their cards and documents," he alleged.
Since morning, Islam was seen visiting booths and asking security personnel to clear gatherings within 100 metres of polling stations, while also assisting ISF polling agents in entering booths.
ISF chairman and Bhangar MLA Naushad Siddiqui also alleged that party workers and agents were being intimidated by ruling party supporters, but claimed that the overall atmosphere in Bhangar was comparatively peaceful compared to previous elections.
The fresh allegations and tension came a day after several areas of Bhangar, including Kochpukur and Joypur under Bhangar-II block, witnessed clashes between TMC and ISF supporters.
ISF supporters alleged that workers of the ruling party roamed through neighbourhoods on Tuesday night and threatened locals. When ISF workers protested, clashes broke out, leaving at least four of their compatriots, including a woman, injured.
Later, Siddiqui said, "The people of Bhangar are finally exercising their democratic rights. Earlier, bombs, bullets and pistols decided elections here. This time, people are choosing ballots and voting with a smile."
He alleged that "political dealers" and local goons loyal to TMC leader and Bhangar candidate Saukat Molla were trying to provoke ISF workers and create tension in certain areas.
"Agents are being threatened and prevented from functioning freely. We repeatedly informed the administration, but police are acting in favour of the ruling party and not cooperating," Siddiqui alleged.
Later in the day, the ISF leader also claimed that voters were prevented from exercising their franchise freely during the 2023 panchayat polls and the 2024 Lok Sabha elections. However, the situation has improved this time, he said.
The TMC denied the allegations and accused the ISF of trying to create unrest in the constituency to influence polling.
Security was significantly tightened in Bhangar, where, apart from state police and central forces, a special team of the National Investigation Agency (NIA) was also deployed to monitor sensitive pockets.
