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SC overrules attorney general on high court appointment case

Despite stiff opposition from Attorney General Soli J Sorabjee, the Supreme Court on Monday referred to a three-judge bench four petitions and an intervention petition on the appointment of judges and chief justices to various high courts.

The attorney general contended that since the issues raised in the petitions were covered by the presidential reference now pending before a nine-judge bench, the petitions should either be tagged down with the reference or await the ruling on it.

A division bench comprising Justices S Saghir Ahmed and K T Thomas ruled, "In view of the important issues raised in these petitions, let them go to a larger bench.''

The attorney general pointed out that the impression created during the last hearing was that the three pending orders -- from Mohan Lal Gupta, R K Singh and the Committee on Judicial Accountability -- would be either withdrawn or await the result of the presidential reference.

Earlier, Justice Ahmed said nobody seemed to be interested about the plight of the litigants, their tears and the money they spend on litigation. The judge said, ''The sanctioned strength of the Allahabad high court is 70, out of which 34 posts are vacant. In due course one more vacancy would fall vacant. When 50 per cent of the vacancies are not filled, can you call it a high court?''

Sorabjee said he had written a letter to the government for clearing the appointments to those high courts where there was no disagreement between the executives and the Chief Justice of India.

He said the government was keen in expediting the hearing before the nine-judge bench and had already filed an application.

UNI

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