By IANS
New Delhi : The Supreme Court Monday admitted a petition accusing Chief Justice K.G. Balakrishnan of violating norms in recommending that the government confirm the services of an additional judge, S. Ashok Kumar of the Madras High Court.
On the petition filed by eminent lawyer and former union law minister Shanti Bhushan, a bench of Justice Arijit Pasayat and Justice D.K. Jain issued notices to the government and the high court judge seeking their replies within six weeks.
Bhushan's petition said that the chief justice, while recommending that the central government confirm the services of Justice Kumar, deviated from "norms and requirement of the consultation process" with the fellow apex court judges.
Justice Kumar, who was appointed as an additional judge of the high court in April 2003, was confirmed Feb 7 this year after three years and 10 months.
The petition said that while making his recommendation for confirmation of the judge, the chief justice neither consulted the apex court collegium comprising of its two senior most judges nor any other apex court judge with knowledge of the Madras High court.
These norms and laws on the appointment of judges in higher judiciary have been laid down by various rulings of the apex court, Bhushan held.
Additional judges of the high courts are initially appointed for a period of two years after which they are made permanent.
Bhushan claimed that in August 2005 the apex court collegium, comprising then chief justice R.C. Lahoti and its two senior most judges Y.K. Sabharwal and Ruma Pal, had refused to recommend Justice Kumar's confirmation owing to certain adverse reports against him.
Following the petition, the bench sought the government's elaborate affidavit, detailing separately the number of additional high court judges made permanent judges since 1991 on recommendations of the chief justice alone and the joint recommendations of the apex court collegium.