The Hindu : Jayalalithaa's objections ignored, names of 9 judges cleared

Online edition of India's National Newspaper
Thursday, Nov 28, 2002

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Jayalalithaa's objections ignored, names of 9 judges cleared

By J. Venkatesan

NEW DELHI Nov. 27. Despite the Tamil Nadu Chief Minister, Jayalalithaa's reservations against certain persons, the Supreme Court collegium headed by the Chief Justice, G.B. Pattanaik, is understood to have cleared nine of the 11 names recommended by the Madras High Court for being appointed as judges.

According to sources, the collegium has approved the names of all the eight persons selected from among district judges and one out of three lawyers recommended by the High Court and forwarded them to the Union Law Ministry for being sent to the President for appointment in the next few days.

The High Court had sent to the Centre a list of 11 names, three from the Bar and eight from the subordinate judiciary to fill 11 vacancies.

In response to the Centre's request for the State Government's comments, Ms. Jayalalithaa gave reasons against some of them — why her Government was not in a position to approve their names suggested by the High Court.

The Law Ministry forwarded Ms. Jayalalithaa's letter along with the High Court's recommendations to the Supreme Court for its decision.

It was understood that the High Court had explained to the collegium that the present list of 11 names was sent after proper scrutiny and after fulfilling all the requirements and the objections of the State Government were not valid.

It was also pointed out that with the Madurai Bench to be inaugurated early next year, it was necessary that the High Court should have the full sanctioned strength of 42 judges (32 permanent and 10 additional) and hence the vacancies should be filled expeditiously.

Accordingly, the collegium after extensive consultations had approved nine of the 11 names, the sources said.

Even last year all the six names recommended from the Bar for being appointed judges of the Madras High Court were rejected by the Supreme Court collegium on the ground that the ratio between the Bar and the subordinate judges was not maintained.

As a result, the Centre wanted the High Court to send a panel of names from the bar and district judges and the present list fulfilled the norms.

Talking to The Hindu, a senior AIADMK MP regretted that the apex court collegium ignored the "valid and genuine apprehensions voiced by Ms. Jayalalithaa against some persons".

She had nothing personal against them and her only concern was that those occupying the high office should be above board in all respects.

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