Collegiums stance apart, HC elevation list still alive

CHANDIGARH: All is not lost for lawyers and subordinate judges aspiring to be a judge in the Punjab and Haryana High Court. The new list may see the light of the day even as collegiums members have failed to join consultations with the chief justice on the issue of elevation. Going by sources in the judiciary, the stalemate is unlikely to bog down the chief justice, who has played an instrumental role in persuading the law ministry to increase the sanctioned strength of HC judges to 68. In fact, the chief justice has always taken up the issue of backlog of cases and poor strength of judges with the powers-that-be and has been equally active in filling the long-pending vacancies in the lower judiciary. Against this backdrop, the chief justice, in all likelihood, would recommend some new names (the exact number to be worked out) to the apex court for elevation, despite an elusive collegiums, and would also cite exceptional circumstances prevailing in the high court, they said. Moreover, the CJ is said to be actively mulling over the query as to whether non-cooperation of collegiums members on elevation could completely stall the process and lead to "Constitutional impasse". This is not all. The corridors of judiciary are abuzz with the talks of the 'about turn" by some judges, who allegedly never lost an opportunity to please the chief justice with "sycophantic" overtures. It is learnt that the ante had been upped keeping in view the CJ’s retirement coming closer. The sources said a situation where collegiums members had refused to attend the meeting to discuss names for elevation - despite due notice - raised questions of propriety, judicial discipline and image of the institution. They stressed that the situation was not envisaged under the Constitution and was also not covered by the apex court view that consultation with the collegiums members was mandatory to recommend appointment of a judge. ‘‘The question here is not of consultation but of refusal by collegiums members to come for consultation. Finally, the ball is going to land in the apex court and it is up to the SC to accept or reject the list sent by the CJ," they added.
12 Jun 2008, 0204 hrs IST, Vishal Sharma,TNN
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