Questioning the selective transfers, the bench remarked that four judges from the Gujarat High Court, whose transfer was recommended by the Supreme Court collegium, have not yet been transferred. "What signal are you sending?" asked the bench to the country s top law officer.
The Supreme Court criticized the government for its "selective" approach in transferring and appointing judges recommended by the top court s collegium. The division bench, led by Justice Sanjay Kishan Kaul, expressed concern about this selective clearance of appointments, stating that it disrupts the seniority among judges and dissuades young lawyers from accepting appointments as judges.
The Supreme Court has criticized the Indian government for its delay in appointing and transferring high court judges. The court stated that the government s tendency to "pick and choose" was causing problems and disrupting the seniority system. The court also expressed concern that the delay in appointments was causing some individuals to withdraw their names.
The petition is slated to come up for hearing before a bench headed by Justice Sanjay Kishan Kaul on October 20. At the last hearing, the bench had held that there should be no delay by the Centre in appointing judges and that the Centre should not keep the names (recommended for elevation) in a "limbo".