NEW DELHI, AUG 25: The nine-judge constitution bench of the Supreme Court adjudicating vital questions raised by the President on appointment of judges to the Apex Court and High Courts, today directed the Union Government to submit in a sealed cover all confidential records on such appointments.The bench headed by Justice A S Anand also directed all advocates-general of states and Union territories, to whom notices were issued on the Presidential reference, to file their written submission before September 15 when the matter would be taken up for detailed hearing.
On the several intervention applications, the bench directed that these be filed in the registry to be taken up for consideration on September 8 whether or not to allow them to intervene in the matter.
These orders were passed by the constitution bench on an application by the Union government seeking to ensure ``expeditious disposal of the Presidential reference made under Article 143 of the Constitution.''
The application filed by P Parameswaran and argued by solicitor-general Santosh N Hegde said, ``Filling in of the vacancies of Chief Justices and judges of the High Courts as well as the appointment of judges to Apex Court will depend on the answers which the Supreme Court may be pleased to give to questions raised in the Presidential reference.''
Other judges of the bench were Justices S P Bharucha, M K Mukherjee, S B Majumdar, Sujata V Manohar, G T Nanavati, S Saghir Ahmed, K Venkataswami and B N Kirpal.
The bench said, ``The solicitor general shall produce in court in sealed cover records pertaining to recommendations regarding appointment of judges to this court and various High Courts."
The bench however did not agree with Hegde's submission that those wishing to intervene in the matter relating to the Presidential reference should keep their written submissions ready and file the same if their intervention applications were allowed.
The bench said it would consider their merits first and decide whether or not to allow them to intervene in the matter first before asking them to file their written submissions.
The constitution bench on July 30 had issued notices to the Centre and advocates-general of all states and Union territories while beginning hearing on the Presidential reference raising doubts over the procedure involving consultation process on appointment of judges to the Apex Court and High Courts and their transfers.
The Supreme Court Advocates-On-Record Association was also issued notice as it was the petitioner before an earlier nine-judge bench which in 1993 laid down principles and prescribing procedural norms relating to appointment of judges to the Supreme Court, Chief Justices and judges of the High Courts and transfer of High Court judges.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.