The new building of the Jharkhand High Court.
Credit: Jharkhand High Court website
New Delhi: The Jharkhand government has filed a contempt petition in the Supreme Court against the Union government's top officer, in view of extraordinary delays in the appointment of judges to the state High Court as well as the rest of the High Courts across the country, saying it is detrimental to the cherished principle of the independence of the judiciary.
It contended the Centre has not given effect to the resolution passed by the Collegium appointing the Chief Justice for the State of Jharkhand which has been functioning under acting Chief Justice for the last 9 months except for brief period of 15 days, when a regularly appointed Chief Justice B R Sarangi was appointed.
"The inordinate delays in the appointment of Chief Justices to the High Courts after the recommendation by the Collegium headed by the Chief Justice of India, is a direct contravention of the judgment of October 06, 1993 passed by a bench of nine judges of this court in the Second Judges case, and more specifically the order of April 20, 2021 in M/s PLR Projects Pvt Ltd Vs Mahanadi Coalfields Ltd," it said.
It contended the failure to implement the binding decision of the Collegium headed by the Chief Justice of India, would amount to a wilful disobedience of the orders of the Supreme Court.
In M/s PLR Projects Pvt Ltd, this court has categorically laid down that a recommendation must be processed and an appointment made within a period of three to four weeks of its reiteration. However, the alleged contemnors have failed to comply with the mandate of the law, it claimed.
The state government pointed out on July 11, the Collegium had transferred Justice M S Ramachandra Rao, Chief Justice of Himachal Pradesh High Court as Chief Justice of the Jharkhand High Court. However, the recommendation is still pending consideration before the Union government.
On July 19, Justice Sujit Narayan Prasad was appointed as the acting Chief Justice of Jharkhand High Court and has been officiating till date.
"The Chief Justice of the High Court performs important administrative functions and not having a Chief Justice affects the administration of Justice in the State," it said.
The state government stated the Collegium had acted promptly and recommended well in advance the vacancy arising on the post of Chief Justice of Jharkhand on July 11, 2024.
However, "By not acting on the Collegium resolution would result in affecting the administration of justice in the State of Jharkhand," it claimed.
The state government made Raj Kumar Goyal, Secretary (Justice) as a party respondent in the petition.