November,12,2016:The decision of the Government to refer back 43 names of candidates recommended for appointment as High Court Judges back to the Supreme Court collegium was taken in view of fresh complaints and adverse Intelligence Bureau (IB) reports against them.
Some of the complaints came to the Government after the names were recommended by the apex court collegium and sent for appointment.
Source said that against one of the candidates, recommended for appointment as an HC judge, a sexual harassment case pending.
As per the Govt. in some cases, the SC collegium recommended candidates despite being aware of adverse IB reports against them.
In all such cases, Government has sought fresh IB reports.
Attorney general had yesterday reminded the SC that new memorandum of procedure (MoP) for appointment of judges is lying with SC since August 7 and that the government feels that a resolution of the issue will not come very soon.
Still the government has taken a assertive stand itself on all appointments where it is found that recommended candidate lacks integrity .
On account of this tug of war between the executive and the judiciary, ordinary citizens are facing the brunt of the power struggle as about 40 lakh cases are pending in HCs across the country .
As on November 1,2016, 43% vacancies exists.
Against a sanctioned strength of 1,079 High Court Judges, 461 vacancies remains to be filled.