CJI asks government to clear 43 names for HC judges

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NEW DELHI: The Chief Justice of India(CJI), Ranjan Gogoi, has written to law minister Ravi Shankar Prasad, asking him to expedite the appointment of 43 judges approved by the Supreme Court collegium, but pending with the government. 

The CJI, ET has reliably gathered, has pointed out that there is already 37% vacancy across high courts and this number is “bound to increase with 5-6 judges retiring on an average every month, unless equal number, if not more, of judges are appointed”. 

In a letter dated July 31, Gogoi has attached the list of 43 names pending with the government, some of them for eight months. These relate to those “awaiting appointment as high court judges, by the government of India”. 

The CJI is also believed to have sought the response of the government on “10 more cases which the collegium had deferred earlier but is not in a position to take up the same for consideration as certain information is awaited from the government”. 

The deferred cases for appointment as high court judges include that of Saurabh Kirpal (Delhi High Court), Wasim Sadiq Nargal (J&K High Court), Devendra Kachhawaha, Satish Kumar Sharma, Prabha Sharma, Rameshwar Vyas, Devendra Joshi, Anoop Saxena and Hemant Kumar Jain, all judicial officers under the Rajasthan High Court. 

On April 1, the SC collegium had deferred the appointment of judicial officers from the Rajasthan High Court saying these proposals would be taken up only after detailed information is received from the Department of Justice. 

Similarly, sources said, in the case of Saurabh Kirpal, the collegium had in February sought information from the government, but details have still not been furnished. 

On January 16, the SC collegium deferred a decision on advocate Wasim Sadiq Nargal’s proposal for J&K High Court citing the same reason. 

Meanwhile, Justice Gogoi is learnt to have put on record that “the recommendation for appointment of Shri Justice AA Kureshi as Chief Justice of Madhya Pradesh is also pending”. 

The CJI, however, refrained from including Justice Kureshi’s name in the list of pending cases since “it is the subject matter of judicial proceedings pending before the Supreme Court”. 

Gujarat High Court Advocates’ Association has challenged the government’s decision to withhold appointment of Justice Kureshi as the chief justice of MP High Court. The central government had, at the last hearing, sought more time for considering the proposal. 

According to highly placed sources, the CJI has also reminded the government about “appointment of two other names which were reiterated by the Supreme Court collegium when reconsideration thereof was sought by the government is yet to be notified by the government”. 

These included cleared and reiterated proposals in respect of Sandipan Ganguly (Calcutta High Court) and PV Kunhikrishnan (Kerala High Court). The collegium had sent these two cases in January and February this year.