The CJAR Today (July 8) strongly criticized the Indian government for delaying the appointment of Swetashree Majumder and Rajesh Datar as High Court judges. They urged the Supreme Court to protect judicial independence and seek answers from the Centre.
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NEW DELHI: The Campaign for Judicial Accountability and Reform (CJAR) sharply criticized the central government’s action of not appointing Swetashree Majumder and Rajesh Datar as High Court judges, even though the Supreme Court Collegium had recommended their names.
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Recently, both Majumder and Datar decided to take back their consent for becoming judges. This happened because the government separated their names from the list of recommended candidates and kept their files pending, while it approved others.
“The Campaign for Judicial Accountability and Reform notes with deep disappointment the recent withdrawal of consent by Ms Swetashree Majumder and Mr Rajesh Datar due to the inexplicable and unconstitutional delays in their appointment as High Court judges,”
-CJAR said in a strong statement.
Swetashree Majumder was recommended to become a judge of the Delhi High Court. However, her appointment was held back by the government for more than a year. Because of this long delay, she decided to withdraw her consent.
Similarly, Rajesh Datar, who was recommended as an additional judge of the Bombay High Court, also withdrew his consent. His name was separated from a list of four advocates who were all recommended together for appointment as additional judges.
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CJAR also reminded the public and judiciary that something similar had happened earlier with another senior advocate.
“The same thing having happened with Senior Advocate Mr Aditya Sondhi in 2022, it is unfortunate that no measures have been taken by the Supreme Court collegium to prevent such a recurrence,”
-the organisation said.
Calling the delay by the Union government “unconstitutional and illegal”, CJAR urged the Supreme Court to take firm action and protect the independence of the judiciary.
They also pointed out that there is already a writ petition pending in the Supreme Court since 2018. This petition asks the court to direct the government to ensure-
“Timely judicial appointments in accordance with law and a direction against unilateral segregation of collegiums recommendations, that is leading to the subversion of the judicial appointment process”.
But the CJAR noted with concern that no strong or effective orders have been given by the court in that case yet.
The group has now asked the Supreme Court to take the matter seriously once again and handle it from the judicial side. They want the court to ask the Union Government to explain why the appointments of Swetashree Majumder and Rajesh Datar were blocked.
“Nothing less than the future of an independent judiciary depends upon it,”
-CJAR warned in its statement.
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