SC yet to decide on NJAC’s validity, says CJI
Chief Justice of India, Handyala Lakshminarayanaswamy Dattu (Photo: PTI/File)
New Delhi: The National Judicial Appointments Commission (NJAC) has virtually become a non-starter with the Chief Justice of India H.L. Dattu refusing to be part of the three-member panel that included Prime Minister Narendra Modi and Leader of the single opposition party Mallikarjun Karge to select “two eminent persons” to make the composition of NJAC complete.
Attorney General Mukul Rohatgi told a five-judge Constitution bench, comprising Justices J.S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.k. Goel, that pursuant to the government’s invitation to the CJI to be part of the panel to select two eminent persons, the CJI had informed the government that since the matter was pending adjudication in the apex court, he could not be part of the committee.
In his letter, written on April 25, addressed to Prime Minister Narendra Modi, the CJI is understood to have said, “In response to an invitation received from your office to attend the meeting to select two eminent persons, I have to say that it is neither appropriate nor advisable for me to attend the meeting or be part of NJAC, till the Supreme Court decides the validity.”
With no NJAC and no collegium in place, a piquant situation has arisen in the case of making permanent certain additional judges appointed to various High Courts for two years. When the AG wanted the Bench to issue a direction to the CJI to participate in the meeting, the bench refused to do so.
Initially, there was a plea that the matter be referred to a 11-judge bench as the ruling on collegium had been given by a nine-judge bench. But the request was turned down and the bench after hearing brief submissions from eminent advocates Ram Jethmalani, K.K. Venugopal etc. Further arguments will continue on Tuesday.
( Source : dc )
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