‘It is better if some things are not said…’, why did Justice Kaul say this to Prashant Bhushan in the Supreme Court

The matter related to delay in judicial appointments was removed from the cause list by the Centre. This unusual development happened in the Supreme Court on Tuesday. Calling it ‘very strange’, petitioners’ lawyer Prashant Bhushan questioned the role of the Supreme Court registry in removing the case. Bhushan told the bench that the case has been dropped “without any notice”. The bench of Justice Sanjay Kishan Kaul was to hear the petition again on Tuesday. Justice Kaul orally said that he neither removed the case nor declined to hear the case. Justice Kaul said,’

I am sure the CJI is aware of it (dropping the case). He said, ‘Some things are better left unsaid.’ In the previous hearing, the bench had rejected the Centre’s ‘pick and choose’ policy in the recommendations for transfer and appointment of high court judges sent by the Supreme Court Collegium. The Supreme Court had told Attorney General R Venkataramani that ‘selective’ transfer of judges ‘does not send a good signal’.

The entire incident took place in the Supreme Court on Tuesday
A lawyer for the petitioner said that the case was not taken up for hearing and has been deleted. Then Justice Kaul said that we have not deleted the case from hearing. Later, Advocate Prashant Bhushan, appearing for the second petitioner, raised the matter and said that it is surprising that the matter was kept for hearing and there was a court order in this regard on November 20, but the matter got deleted.

Justice Kaul said that the lawyer of another petitioner had raised this issue and we have said that we have not deleted it. When Prashant Bhushan said that the bench should seek clarification from the registry in this matter, Justice Kaul said that I think the Chief Justice would be aware of this. Bhushan said that it is unexpected that even after the judicial order, the case was not listed and it got deleted. Prashant Bhushan also said that this matter is being heard by Justice Kaul’s bench for a long time.

Supreme Court unhappy with Centre’s attitude on transfer of judges
On November 20, a Supreme Court bench led by Justice SK Kaul had objected to the pick and choose by the Center on the issue of transfer of High Court judges and said it was not a good sign. The Collegium had sent 11 names for transfer. The apex court had said that six names were still pending and five were transferred. At the same time, the Supreme Court had said on November 7 that seniority has been affected due to the pick and choose policy of the government. This kind of practice should be stopped.

Petitioner’s lawyer Prashant Bhushan appealed to the Supreme Court to summon the Central Government official and ask why the order is not being followed. By filing an application in the Supreme Court on behalf of the Advocates Association, Bengaluru, the Law Ministry of the Central Government has been made a respondent and a contention application has been filed. The application states that the Supreme Court had set a time line to clear the Collegium recommendation in 2021, but it is not being followed.