New Delhi, Mar 3 (UNI) The Supreme Court today said consultation with the Supreme Court Collegium by the Chief Justice of India is necessary while directing the Centre to file the Memo of Procedure adopted for making additional judges of High Court permanent, by April 10.
A bench comprising Justices Arijit Pasayat and P Sadhasivam fixed April 16 as the date of hearing of the petition filed by former Union Law Minister Shanti Bhushan challenging the procedure adopted by the Chief Justice of India, ignoring the Supreme Court Judges Collegium, while making additional judges in the High Court permanent.
The judges told the counsel for the petitioners that in view of the affidavit filed by the Centre stating therein that 351 additional judges of High Court have been made permanent without consulting the Collegium between January 1, 1999 and July 1, 2007, the factual scenario had changed.
The judges also ruled that for making additional judges permanent consultation with Collegium is necessary. Mr Shanti Bhushan had filed a petition alleging that Justice S Ashok Kumar of Madras High Court has been confirmed on the recommendations of Chief Justice K G Balakrishnan ignoring the Collegium.
According to senior counsel for petitioners Anil Diwan, the affidavit of the Centre is factually incorrect.
The apex court, however, turned down the request of petitioners to direct the Registrar General of the Supreme Court to place before the court entire registry record regarding the appointment of High Court judges.
UNI AKS/SC AM RK1300