''Reasons for rejecting the appointment of HC judges by Collegium cannot be made public', Delhi HC

''Reasons for rejecting the appointment of HC judges by Collegium cannot be made public', Delhi HC

The Delhi High Court ruled that the Supreme Court Collegium's reasons for rejecting recommendations for the appointment of High Court judges cannot be disclosed to the public. The court emphasized that such disclosure could adversely affect the individuals involved and potentially disrupt the appointment procedures.

The Delhi High Court made this observation while rejecting an appeal that sought a directive for the Supreme Court Collegium to provide detailed explanations for rejecting recommendations on high court judges' appointments.

A bench of Acting Chief Justice Manmohan Singh and Justice Tushar Rao Gedela said that the appointment of judges to the High Court or the Supreme Court is an integrated, consultative and non-adversarial process, which cannot be vitiated by the lack of consultation with the designated constitutional authorities or by any lack of eligibility in the matter of appointment. The transfer can be challenged in the court only on the grounds of lack of conditions or transfer made without the recommendation of the Chief Justice of India.

"Moreover, revealing the grounds for rejection would compromise the interests and reputation of nominees recommended by the High Courts, as the Supreme Court Collegium bases its decisions on confidential deliberations. Disclosing such information could disrupt the appointment process."

In the case, the petition was filed by Rakesh Kumar Gupta, who sought information regarding the criteria or qualifications evaluated by the Supreme Court Collegium in appointing High Court judges. Additionally, he requested the publication of monthly data concerning the processing and pending status of recommendations by the Supreme Court Collegium.

 

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