Supreme Court disposes petition on framing of MoP for judges' appointments


After quashing a unanimously passed law in Parliament to set up a National Judicial Appointments Commission (NJAC), a five-judge Constitution bench, in December 2015, ordered the Centre to redraft MoP in consultation with the CJI and four other members of the collegium to ensure transparency in the appointment of judges to the SC and high courts.

Being mindful of the government's expectation to make judicial services accessible to all people, Minister Davis said most of the judges recently appointed will be posted to provincial centres, to continue to conduct court cases in districts.

To this, the bench said there are civil liberties and fundamental rights but it is also the responsibility of the society to protect its rights.

This matter was taken up for hearing at 12.45 pm after it was mentioned in the morning at 10.30 am.

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Disposing the petition by lawyer R.P. Luthra, a bench of Chief Justice Dipak Misra, Justice A.K. Sikri and Justice Amitava Roy recalled the October 27 order by a two-Judge bench relating to delay in the finalisation of the memorandum of procedure. It is the same matter in which the CBI recently arrested former Odisha High Court judge IM Quddusi and others. "Things are very disturbing and nobody can be a judge in his own case", Dave said.

Almost an hour after bench headed by Justice Chelameswar, upon a mentioning by Dave, said that it will hear the matter at 12.45 PM, the hearing by the constitution bench headed by the Chief Justice was adjourned for 10 minutes and later lawyers present in the court room were told that the constitution bench would resume hearing at 2 p.m.

Dave said the five judges on the Constitution Bench that will hear the matter must not include the CJI since a bench headed by him had dealt with the matter relating to the Lucknow college in the past. "Justice Chelameswar's order made it clear that the page came from the CJI: "...we are also duty bound to place the developments that when the hearing of the matter was in progress, the Officer of the Registry placed a Xerox copy of the proceedings purportedly issued by the Hon'ble Chief Justice of India, a copy of which is annexed to this order".

The bench directed the CBI to produce all the documents and materials collected during the investigation of an FIR registered in this regard in a sealed cover before the Constitution bench on November 13. "You dismiss my petition after hearing me".