On My Radar: Lost In SC & HCs’ Collegiums-Govt Maze

Lost In SC & HCs’ Collegiums-Govt Maze

Ms Sujata Kohli, former Principal District and Sessions Judge, Delhi, has always been a fighter for the right causes. Even after her retirement nine months ago, she is fighting for a “course correction” in the complicated system for appointment of judges for High Courts and the Supreme Court. She filed a Writ Petition (C) No. 689 of 2021—Sujata Kohli Vs Union of India & Others—in the Supreme Court, through Amrendra Mehta, Advocate on Record, in June 2021, wherein she says that the crisis, which  has arisen in various High Courts nationwide is simply for two reasons: either because the recommendations made by the collegium at different levels have been remaining pending with the Government, and with no justification whatsoever, or worse still, there have been no recommendations, whatsoever, by some of the HCs, which have been sitting tight over vacancies lying vacant and piling up for the past 5-6 years.

Kohli was a member of Delhi Higher Judicial Services—second in seniority. She had an ‘A’ grading for the last five years as in 2019, when she was appointed as District & Sessions Judge-cum-Special Judge, Prevention of Corruption Act. Vacancies in Delhi HC in the meantime kept piling up since 2016, but no recommendations were sent whatsoever till she was happily seen to retire in October 2020, without making it to the High Court. Kohli had joined judiciary through a competitive examination in 2002. She was number two in the seniority when the Delhi HC’s Chief Justice and its collegium in 2019 recommended 12 names—six from the District Courts and six from the Bar—to the SC collegium for appointment as judges in the HC. But Kohli was shocked to find her name missing despite her seniority and clean record. It’s a different story that all the names recommended were sent back by the government. But in February two lawyers from the same returned list were made HC judges. About two months ago, eight district judges, including five from the previous returned list, have again been sent by Delhi HC. New Union Law Minister Kiren Rijiju is keen to fill up vacancies in all the HCs soon. Everyone was surprised when the government cleared within 10 days nine names, including three of women, which were recommended by the SC collegium on 17 August for appointment as SC judges. Perhaps, for the first time, such speed was witnessed at the government-end; surprisingly no name was sent back by the government for review.

Sujata Kohli’s Prayer

The emphasis of Kohli’s petition

is focused, mainly on raising the question, as to why some of the High Courts (all 25) have been sleeping over these numerous vacancies, lying vacant for years, and the question of accountability in the matter. In her petition, Kohli has prayed: A clear and well-defined time-line for sending recommendations for the posts of HC judges from out of the judges of district judiciary, to be mandatorily complied with, by every HC; a clear and well defined criteria for sending recommendations for posts of HC judges from out of the judges of district level, to be mandatorily complied with, by every HC; any deviation by any HC be viewed with concern and an accountability be fixed in the matter; a time-bound procedure to govern the entire process, right  from arising of a vacancy, recommendations, clearance of the names or otherwise, and appointments in case of clearance; a direction to Respondent No.2 (Delhi HC) to send the names of the officers of the District Judiciary, who have been in the zone of consideration for long, including that of the Petitioner. The Writ Petition was filed on 27 June 2021 and after scrutiny it was numbered and registered on 29 June 2021. Since it was not in the “category of urgency”, registry refused to entertain urgent mentioning then on 4 August that it was mentioned before Chief Court but the court refused to allow for its urgent listing. As of now, no date of listing is shown in status of the case.

Kohli told The Sunday Guardian that all the Chief Justices of India, including the present one—Justice N.V. Ramana—have been constantly showing concern about the unfilled vacancies. It’s like running in the maze of the SC and the HCs’ collegiums and the Union government. Kohli wants to know why it takes so long for the HCs to recommend the names to the SC and for the apex court and the Union Law Ministry to either clear or reject these. Many times, the SC collegium itself rejects many names sent by different HC collegiums.

The government also rejects many or all names sent by the SC collegium for judges’ appointment either in the apex court or in the HCs. This writer is aware of sometimes the government and the SC or HC collegiums in the past agreeing to the appointment of a certain number of names recommended by each side. In the process, many bright ones are not elevated. Kohli is now back to law practice at Dharamshala (Himachal Pradesh) and Delhi. Her passion is for adventure solo drives.