The Delhi High Court today dismissed petitions challenging the recent elevation of three judges and a senior advocate as judges of the Supreme Court..Justice DY Chandruchud of the Allahabad High Court, Justice Ashok Bhushan of Kerala High Court and Justice AM Khanwilkar of Madhya Pradesh High Court, alongwith Senior Advocate LN Rao took oath today as judges of the Supreme Court..The two petitions filed had raised similar grounds, and were heard by Justice Manmohan in the Delhi High Court..Both petitions were filed by lawyers, one by Matthews J Nedumpara, the second by RP Luthra. Luthra’s petition was earlier listed on May 11, during which time Justice Manmohan had refused an interim stay of the collegium recommendations till the next date of hearing..Luthra’s petition cites the NJAC judgment and says that the Supreme Court had admitted that the collegium system had its shortcomings and loopholes. However, the recent recommendations have only further allowed the ‘imperfect system of judiciary’ to continue..His petition, that has impleaded the Law Ministry, Registrar General of the Supreme Court and LN Rao, goes on to say,.“The petitioner challenges the said recommendation by the existing collegium system of Hon’ble Supreme Court of India on various grounds as stated in this petition, including the lack of eligibility criteria, non existence of secretariat, non existence of mechanism to redress complaints,transparency, lack of accountability and on the grounds of favouritism and unconstitutionality.”.The plea added that since judicial review is mandatory in executive decisions, the same should also be extended to judicial decisions and especially administrative decisions involving judicial discretion..Luthra had prayed for directions from the Court to restrain the Law Ministry and the Registrar to act upon the recommendations of the collegium. He had also prayed for the records of the meeting leading to the recommendation, to be called for and the same be quashed..However, the court refused to entertain the petition and dismissed it.
The Delhi High Court today dismissed petitions challenging the recent elevation of three judges and a senior advocate as judges of the Supreme Court..Justice DY Chandruchud of the Allahabad High Court, Justice Ashok Bhushan of Kerala High Court and Justice AM Khanwilkar of Madhya Pradesh High Court, alongwith Senior Advocate LN Rao took oath today as judges of the Supreme Court..The two petitions filed had raised similar grounds, and were heard by Justice Manmohan in the Delhi High Court..Both petitions were filed by lawyers, one by Matthews J Nedumpara, the second by RP Luthra. Luthra’s petition was earlier listed on May 11, during which time Justice Manmohan had refused an interim stay of the collegium recommendations till the next date of hearing..Luthra’s petition cites the NJAC judgment and says that the Supreme Court had admitted that the collegium system had its shortcomings and loopholes. However, the recent recommendations have only further allowed the ‘imperfect system of judiciary’ to continue..His petition, that has impleaded the Law Ministry, Registrar General of the Supreme Court and LN Rao, goes on to say,.“The petitioner challenges the said recommendation by the existing collegium system of Hon’ble Supreme Court of India on various grounds as stated in this petition, including the lack of eligibility criteria, non existence of secretariat, non existence of mechanism to redress complaints,transparency, lack of accountability and on the grounds of favouritism and unconstitutionality.”.The plea added that since judicial review is mandatory in executive decisions, the same should also be extended to judicial decisions and especially administrative decisions involving judicial discretion..Luthra had prayed for directions from the Court to restrain the Law Ministry and the Registrar to act upon the recommendations of the collegium. He had also prayed for the records of the meeting leading to the recommendation, to be called for and the same be quashed..However, the court refused to entertain the petition and dismissed it.
