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Don't make us take a hard stand
Supreme Court
SC warns Centre on delaying judges’ transfer
New Delhi: The Supreme Court on Friday warned the Centre on the delay in clearing the transfer of high court judges recommended by the apex court collegium, saying it may result in both administrative and judicial actions which may not be palatable.
A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka told the Attorney General R Venkataramani, representing the Centre, "Don't make us take a stand which will be very uncomfortable...", and further added that if transfer of judges is kept pending then it is a serious issue.
Justice Kaul said transfer is a very serious issue and warned against the interference of third parties in the process. He told the AG that sometimes the government does it overnight and sometimes it takes longer and there is no uniformity, and added that even chief justices transfers are also pending.
The bench orally observed, "We will have to take a difficult decision. Do not make us take a hard stand", and told the AG, who said the court may not record anything as it is happening.
The top court stressed, "It has been happening! But when will this happen? Things have not been happening for years together..."
During the hearing, advocate Amit Pai, counsel representing the petitioner, said that the court is being attacked from outside. Justice Kaul said, "We are used to it. Be rest assured that it does not bother us. It is for the authorities to know where to..." After hearing detailed arguments, the bench scheduled the matter for further hearing on February 13.
