New Delhi: The Centre told the Supreme Court on Thursday that the National Judicial Appointments Commission will be put in place by May 11, but no fresh appointment of judges to high courts or the Supreme Court will be made till the matter is finally decided.
Attorney-General Mukul Rohatgi made this submission to a five-judge Constitution Bench, of Justices J.S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.K. Goel, which is hearing petitions challenging the NJAC’s validity. Mr Rohatgi’s assurance followed an observation earlier by Justice Khehar, who said, “Either you make a statement or we will pass an interim order of stay. If the (NJAC) Act is upheld, good. But if it is struck down, what will happen to the eminent persons. So don’t do it.”
The A-G then told the court: “Please don’t pass an order. I will come back and make a statement. I frankly feel nothing will happen regarding fresh appointments. But I will first come and tell you by May 11.”
The bench on Thursday took up an issue raised by Arvind P. Datar, appearing for the service bar association of Madras high court, that if the collegium system ceased to exist, the fate of several additional judges appointed could not be regularised
