'Govt is bound to accept constitution bench's decision', says former SC judge
'Govt is bound to accept constitution bench's decision', says former SC judge
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New Delhi: The collegium and the central government are at loggerheads over the appointment of judges. The Supreme Court Collegium is sending the same names for elevation as judges even after the government has repeatedly rejected the recommended names. However, even after 11 days have passed, the Central Government has not cleared the names sent by the collegium. At the same time, the former Supreme Court judge said that the government is bound to accept the names of the collegium.

Actually, this issue between the government and the collegium is about the names of five lawyers, whom the top court is adamant about making judges, but the government is not ready for it. For this, the government also cited RAW and Intelligence Bureau (IB), but the collegium is not ready to accept the government's argument. Citing intelligence reports, the government had said that lawyer Saurabh Kripal cannot be made a judge because he is gay and his partner is a foreigner. Sarkar said that Saurabh Kripal has been vocal about gay rights. In such a situation, bias can be seen in their decisions.

Saurabh Kripal is also included in the names that the collegium is constantly sending to the government. Kripal is the son of the former Chief Justice of the apex court (CJI) BN Kripal. Along with this, the list includes Amitesh Banerjee, Shakya Sen, S Sudarsana, and R John Sathyan. Amitesh is the son of Justice UC Banerjee. UC Banerjee had investigated the Godhra train burning, in which 59 Hindus were burnt alive by a Muslim mob. Justice Banerjee had said in his report that there was no conspiracy in burning the train. At the same time, Shakya Sen is the son of former Chief Justice of Allahabad High Court. Sen had heard the Saradha chit fund scam.

The government is repeatedly objecting to these names sent by the Collegium, but the Collegium is continuously sending these names to be judges. In view of this, former Supreme Court Justice Rohinton F. Nariman has said that there should be a time limit for the government to respond to the recommendations of the collegium system. Nariman said that the apex court should set up a constitutional bench. This bench will set a time limit of 30 days for the government to respond to the recommendation of the collegium. At present, no time limit has been set for the government to reply in case of any objection on the recommendation of the collegium.

Justice Nariman said that once the name is sent to the government by the collegium and the government does not respond within the stipulated time, then it should be assumed that the government has no objection. Taking a jibe at Law Minister Kiren Rijiju, Justice Nariman said, 'Once 5 or more judges have interpreted the Constitution, it is your duty as an authority under Article 144 to abide by that decision.'

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