SC fines lawyer for trying to block selection of HC judge
The collegium system of appointing judges has adequate safeguards and any attempt to prejudice a collegium against a candidate must be dealt with sternly, said the Supreme Court as it imposed a penalty of ₹5 lakh on a lawyer for trying to block the selection of a high court judge. Supreme court fines lawyer A bench of justices Sanjay Kishan Kaul and MM Sundresh termed it a “gross abuse of process of law” to file petitions in the constitutional courts with the sole motive of obstructing a candidate’s elevation to the high court as a judge. Thus, sufficient safeguards exist in the system.” The collegium system, which does not find mention in the Indian Constitution, was evolved through the judgments of the Supreme Court, starting 1981 and culminating in the final judgment in 1998 when it was declared that the Chief Justice of India, along with four senior-most judges of the apex court, will make recommendations to the Union government for appointment of judges in the high courts and the Supreme Court. The bench said it is “surprised at the brazenness” of Saxena who chose to file a writ petition in the Supreme Court after the Telangana high court had already dismissed his separate petition in 2018 while noting that the lawyer was an accused in six criminal complaints involving charges of forgery and creation of fake documents.
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