LOST IN SC & HCS’ COLLEGIUMSGOVT MAZE
Ms Sujata Kohli, former Principal District and Sessions Judge, Delhi, has always been a fighter for the right causes. Even after her retirement nine months ago, she is fighting for a “course correction” in the complicated system for appointment of judges for High Courts and the Supreme Court. She filed a Writ Petition (C) No. 689 of 2021—Sujata Kohli Vs Union of India & Others—in the Supreme Court, through Amrendra Mehta, Advocate on Record, in June 2021, wherein she says that the crisis, which has arisen in various High Courts nationwide is simply for two reasons: either because the recommendations made by the collegium at different levels have been remaining pending with the Government, and with no justification whatsoever, or worse still, there have been no recommendations, whatsoever, by some of the HCS, which have been sitting tight over vacancies lying vacant and piling up for the past 5-6 years.
Kohli was a member of Delhi Higher Judicial Services— second in seniority. She had an ‘A’ grading for the last five years as in 2019, when she was appointed as District & Sessions Judgecum-special Judge, Prevention of Corruption Act. Vacancies in Delhi HC in the meantime kept piling up since 2016, but no recommendations were sent whatsoever till she was happily seen to retire in October 2020, without making it to the High Court. Kohli had joined judiciary through a competitive examination in 2002. She was number two in the seniority when the Delhi HC’S Chief Justice and its collegium in 2019 recommended 12 names— six from the District Courts and six from the Bar—to the SC collegium for appointment as judges in the HC. But
Kohli was shocked to find her name missing despite her seniority and clean record. It’s a different story that all the names recommended were sent back by the government. But in February two lawyers from the same returned list were made HC judges. About two months ago, eight district judges, including five from the previous returned list, have again been sent by Delhi HC. New Union Law Minister
Kiren Rijiju is keen to fill up vacancies in all the HCS soon. Everyone was surprised when the government cleared within 10 days nine names, including three of women, which were recommended by the SC collegium on 17 August for appointment as SC judges. Perhaps, for the first time, such speed was witnessed at the government-end; surprisingly no name was sent back by the government for review.