The court had sent some files to the ministry, which were related to the appointment of judges. Among the returned files, there is also a file of lawyer Saurabh Kripal, who has told about himself being gay.
Image Credit source: PTI
Supreme Court And the tension between the central government is increasing. central minister Kiren Rijiju Already told the collegium as alien. Now the Law Ministry has returned the files sent by the Supreme Court with the recommendation of appointment. The ministry has asked the Supreme Court collegium to reconsider the files. The court had sent some files to the ministry, which were related to the appointment of judges. Among the returned files, there is also a file of lawyer Saurabh Kripal, who has told about himself being gay.
Sources in the know of the appointment process said the central government took strong objection to the recommended names and returned the files to the collegium on November 25. The collegium headed by the then Chief Justice of the Supreme Court NV Ramana had recommended the appointment of advocate Saurabh Kripal as a judge in the Delhi High Court. Saurabh Kripal is the son of former Chief Justice of India BN Kripal.
SC sends file to Center on recommendation of Delhi High Court
Kripal’s name was sent to the Supreme Court Collegium by the Delhi High Court Collegium in October 2017, but it is being told that the Supreme Court Collegium postponed the consideration of Kripal’s name three times. Lawyer Saurabh Kripal recently told a media channel that he feels this happened to him because he is a homosexual. The Collegium of SA Bobde, who was the Chief Justice before NV Ramana, had allegedly sought more information about Kripal while postponing his name. However, later after NV Ramana became the CJI, the recommendation of his name was sent to the Centre.
Center seems unhappy – Supreme Court
The Supreme Court expressed displeasure over the delay in the appointment of judges. The court said on the delay that it effectively thwarts the method of appointment. The court said on Monday that the time limit set by the bench of judges would have to be followed. The bench of Justice SK Kaul and Justice AS Oka also said, “It seems that the Center is unhappy with the fact that the National Judicial Appointments Commission (NJAC) Act has not been approved. The court said, but this cannot be a reason for not following the rule of law of the country.
The Supreme Court in its 2015 judgment struck down the NJAC Act and the Constitution (99th Amendment) Act, 2014, restoring the existing collegium system of judges appointing judges to the Supreme Court. Justice Kaul said that sometimes the law is approved and sometimes it is not. He said, this cannot be a reason for not following the rule of law of the country. The bench said that some names are pending with the government for one and a half years. Sometimes only one name is selected from the recommendations. The court said, you are effectively thwarting the method of appointment.
Different attitude of Law Minister Kiren Rijiju
Union Law Minister Kiren Rijiju recently called the Supreme Court Collegium an alien. Opposing the collegium system, he had said that the government respects the collegium system until it is replaced by some other system. The Law Minister had also said that there are flaws in the collegium and it is not transparent. It is alleged that the government is sitting on the files, on this he said that it should not be said that the government is sitting on the files. He said, “Then don’t send the file to the government. You appoint yourself and you run the show, the system doesn’t work. The executive and the judiciary have to work together.”
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