New Delhi, July 11: Claiming that Executive- Judiciary relationship has been in "tatters as never before", Congress today accused government of hitting back at judiciary by "delaying" appointment of judges for striking down a law on judges appointments.
"Never before in recent history has the Executive-Judiciary relationship been in tatters as now. "Congress places this blame on the Government of India. Modi Government has unleashed several... innuendos, sarcasm, open criticism of court judgements", party spokesman Abhishek Singhvi told reporters.
Himself a senior advocate of the Supreme Court, Singhvi deplored the attempts by Government "to obstruct judicial appointments by the back door." He claimed that this was being done by "stealth and covert obstruction" and by "using and abusing" the Memorandum of Procedure to send the message that "government and not the courts have right over judicial appointments".
"Whether you agree or disagree with National Judicial Appointments Commission Act, once the Supreme Court has come out with a judgement overruling the Government, there has to be a quietus", he said. Lamenting that this has not happened, he said the most recent example of the obstruction is the "supposed blocking or delay in appointment of 44 recommendees of the Allahabad High Court".
He alleged that the same story is being repeated for several other recommendees in different High Courts in India. The matters assumes serious concern, given the fact that the all India High Court strength is 1100 judges of which 400 posts are vacant. Singhvi also alleged that the decision to impose President's rule in Uttarkhand earlier this year was taken the by the government at the behest of local and national BJP leaders.
"BJP persisted with this in Court. Ultimately a virtue was made out of necessity by withdrawing it when no other alternative was possible", he said. He said that it has been reported that certain judicial transfers have been preceded by use of unauthorised telephone tapping tactics. "If true, this is direct, serious and unprecedented assault on the independence of the Judiciary", he added.