"I am giving you 10 days:" Supreme Court ultimatum to Central government to process judicial appointments

The Supreme Court on Friday once again took a dim view of the Central government's delay in processing judicial appointments recommended by the Collegium, warning to take judicial and administrative action that "would not be palatable" [Advocates Association Bengaluru v. Barun Mitra and anr]..A Bench of Justices Sanjay Kishan Kaul and Abhay S Oka questioned Attorney General N Venkataramani on when the Collegium proposal to elevate five judges to the Supreme Court, issued in December, would be notified.When the AG submitted that the same would be done "soon", the Bench proceeded to record in its order,"AG submits that so far as five recommendations made for Supreme Court, warrants will be issued within five days."However, the AG at this point said,"You may not record the time...you may say it is happening."Justice Kaul then responded,"It has been happening! But when will this happen? Things have not been happening for years together.".Even as the Court hoped that the AG would give it some "good news" by next Friday, Venkataramani asked for more time."Okay, ten days. I am taking your word for the five judges, the transfers and the High Court Chief Justice. On this, I am giving you ten days," Justice Kaul said as proceedings came to a close..During the hearing, the Court also touched upon on to the proposals issued by the Collegium for transfer of judges, saying,"Let's come to the rest...If transfer orders are not implemented, what do you want us to? Should we withdraw work from them? If we think somebody should be working in B court instead of A court...This is very very serious to my mind. You will make us take some tough decisions. I understand you have something to say about new appointments. But transfers? It's a serious issue."When the AG sought a short deferral of the case, the Court warned that it would take a difficult stand, and recorded in its order,"We have put to the Ld. Attorney that any delay in transfers may result in admin and judicial actions which may not be palatable.".At the end of the hearing, Advocate Prashant Bhushan, appearing for the petitioner, pointed out several instances when reiterations of the Collegium were not followed by the government since 2019."After reiteration, they have no option! They can't keep sending it back again and again and again," he said.The Bench then added to its order,"Prashant Bhushan also seeks to flag the issue of names that have been reiterated for which warrants of appointments have not been issued."The Court will now hear the matter after a week..The Bench has been hearing a petition related to the delay in approving names for elevation proposed by the Collegium.The Court had in November urged the Central government's top law officers to ensure that the law laid down by the apex court as regards appointment of judges to the Supreme Court and High Courts is followed.During a previous hearing, the Court had said that Central government is holding up judicial appointments by not acting on Collegium recommendations.The Court had, thus, sought a response from the Union Secretary of the Department of Justice, and the Additional Secretary of the Administration and Appointment Department, on the reasons for the delay in processing appointments.Pertinently, the Bench had flagged the fact that the seniority of judges gets affected as a result, and objected to the Union Law Minister's remarks in a televised interview in this regard.