HC reserves order on PIL against collegium recommendations

PETITIONER SAID THE COLLEGIUM SYSTEM FOR RECOMMENDING APPOINTMENTS WAS ‘UNCONSTITUTIONAL’

NEW DELHI: The Delhi high court on Monday reserved its verdict on a plea challenging its single judge bench order rejecting a petition to restrain the Supreme Court collegiums from recommending appointments to the higher judiciary.

“You (petitioner) file your written submissions. We will consider it and pass an order,” a bench of chief justice G Rohini and justice Sangita Dhingra Sehgal said.

Delhi-based lawyer RP Luthra, who has filed the plea, told the bench he was not arguing for removing the judges who were recently elevated to the apex court.

“I am not for removing judges. This is not my grievance. I have come here for protection of my fundamental rights which are given to me under the Constitution. Fundamental rights of the citizens have to be protected. I am against the system which is in function,” he told the bench.

He alleged that the collegium system for recommending appointments to the higher judiciary was “unconstitutional”.

During the hearing, when the petitioner argued that his fundamental right was violated, the bench asked, “Tell us how your fundamental rights have been violated.”

Responding to this, he said the recommendation of the collegium was not transparent as only some of the lawyers were considered for elevation.

Additional solicitor general Sanjay Jain said all the lawyers cannot be considered to be appointed as judges in the higher judiciary.