Centre takes exception to RAW, IB reports being made public by Supreme Court Collegium

Tribune News Service

Satya Prakash

New Delhi, January 24

The Centre on Tuesday took strong exception to the Supreme Court Collegium making public “sensitive” reports of Research and Analysis Wing (R&AW) and Intelligence Bureau on candidates recommended for appointment as judges of high courts, saying it’s a “matter of concern”.

“Putting secret or sensitive reports of the R&AW or IB in the public domain is a matter of concern on which I will react to at an appropriate time,” Rijiju said at the felicitation of award winners of e-courts project here.

While reiterating the names of six candidates for appointment in Delhi, Madras, Bombay and Calcutta high courts, the Supreme Court Collegium led by Chief Justice of India DY Chandrachud had in its resolutions dated on January 17 and January 18 rejected the Government’s objections to the elevations.

The Collegium had specifically mentioned the objections raised in R&AW and IB reports; explained why the objections were unsustainable; and then rejected each one of them. With regard to the proposed elevation of senior advocate Saurabh Kirpal, an openly gay person, as a judge of the Delhi High Court, it had discussed in detail RAW reports about his Swiss partner.

The two communications of R&AW did not reflect any apprehension with regard to the individual conduct or behaviour of Kirpal’s partner having a bearing on national security, it had said.

“If the officer concerned, who is working for the nation in disguise or in a secretive manner, will think twice that his/her report is going to be in the public domain. It will have an implication,” the Law Minister said, adding appointment of judges was an administrative matter and not a judicial matter.

Rijiju also spoke on the pendency of cases in courts. “Today, the total number of pending cases is 4.90 crore. Delay of justice means denying justice. The only way to reduce this pendency of cases is the coming together of the government and the judiciary. Technology plays an important role in this,” Rijiju said.

“When we speak of access to justice we have to ensure speedy delivery of justice,” the Minister said.

Quote unquote: Law Minister’s statements against Collegium

Collegium system of judges appointing judges is alien to Constitution

Endorses views of ex-Delhi HC Judge RS Sodhi that SC hijacked Constitution by deciding to appoint judges itself

Judges are being judged by the people even though they don’t contest elections…People are watching you (judges)

Collegium can itself issue notification for judges’ appointment if it thinks the government is sitting over its recommendations.

No system can be 100 per cent perfect. But we need to strive for a better system (of appointing judges)

As long as a new system (of appointing judges) is not created, the issue of vacant posts would continue to crop up

I have a feeling that what Parliament and the people at large want is not reflected (in the appointment of judges)

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