New Delhi, Apr 16 (UNI) The Supreme Court today made it clear that it was not willing to go into the validity of appointment of 350 High Court judges, made by the former Chief Justice of India without taking its collegium into confidence at the time of confirmation of these judges.
A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta fixed May 7 for arguments on the point whether the Supreme Court record, regarding the confirmation of Justice Ashok Kumar as permanent judge of the Madras High Court by the present Chief Justice K G Balakrishnan without taking the collegium into confidence, should be summoned.
Earlier senior counsel Anil Diwan, appearing for the former Union Law Minister Shanti Bhushan, contended that the case of Justice Ashok Kumar must be considered by the honourable court as the proposal for his confirmation had been rejected by the collegium twice.
The Supreme Court collegium comprises the Chief Justice and three senior most judges of the court. And as per the judgement of the apex court in S P Gupta case, Chief Justice of India has to form an opinion about the appointment of the High Court judges in consultation with the collegium and such recommendation by the Chief Justice is binding on the government.
The apex court refused to go into the issue of the appointment of 350 judges in various High Courts.
UNI SC KK RP HT1720