Judges' case: SC summons records

NEW DELHI, Aug 25 (PTI) — The nine-judge Constitution Bench of the Supreme Court, adjudicating vital questions raised by the President on appointment of judges to the apex court and high courts, today directed the Union government to submit in sealed cover all confidential records on such appointments.

The Bench headed by Justice A.S. Anand also directed all the advocates-general of states and union territories, to whom notices were issued on the presidential reference, to file their written submission before September 15 when the matter would be taken up for a detailed hearing.

On the several intervention applications, the Bench directed that let these be filed in the registry to be taken up for consideration on September 8 whether or not to allow them to intervene in the matter.

These orders were passed by the Constitution Bench on an application by the Union government seeking to ensure "expeditious disposal of the presidential reference made under Article 143 of the Constitution."

The application filed by P. Parameswaran and argued by Solicitor-General Santosh N. Hegde said, "filling in of the vacancies of chief justices and judges of the high courts as well as the appointment of judges to the apex court will depend on the answers which the Supreme Court may be pleased to give answers to questions raised in the presidential reference."

Other judges of the Bench were Justice S.P. Bharucha, Justice M.K. Mukherjee, Justice S.B. Majumdar, Justice Sujata V. Manohar, Justice G.T. Nanavati, Justice S. Saghir Ahmed, Justice K. Venkataswami and Justice B.N. Kirpal.

The Bench said, "the Solicitor-General shall produce in court in sealed cover records pertaining to recommendations regarding appointment of judges to this court and various high courts."

The Bench, however, did not agree with Mr Hegde’s submission that those wishing to intervene in the matter relating to the presidential reference should keep their written submissions ready and file the same if their intervention applications were allowed.

The Bench said it would consider their merits first and decide whether or not to allow them to intervene in the matter first before asking them to file their written submissions.

The Constitution Bench on July 30 had issued notices to the Centre and advocates-general of all states and union territories while beginning hearing on the presidential reference raising doubts over the procedure involving consultation process on appointment of judges to the apex court and high courts and their transfers.

The Supreme Court Advocates-on-Record Association has also issued notice as it was the petitioner before an earlier nine-judge Bench which in 1993 laid down principles and prescribing procedures in judges’ transfer.

The court had asked Attorney General Soli Sorabjee to place on record the pre-1993 and post-1993 memoranda of procedure on appointment of judges and their transfers so as to make the issues relating to the doubts referred in presidential reference more clear.

The reference by the President exercising Constitutional powers under Article 143(1) had said "doubts have arisen about interpretation of the law laid down by the Supreme Court and it is in public interest that the said doubts relating to the appointment and transfer of judges be resolved."

The President referred nine questions to the court for consideration and sought its opinion thereon in the light of the 1993 judgement of the court laying down principles and prescribing procedural norms in regard to appointment of Supreme Court judges, chief justices and judges of the high court and transfer of judges from one high court to another.

Important among the questions are:
1. Whether the Chief Justice of India (CJI) is not obliged to comply with the norms and the requirement of the consultation process in making his recommendation to the government.

2. Whether any recommendation made by the CJI without complying with the norms and consultation process are binding upon the government.

3. Whether the expression "consultation with the CJI" in Article 217(1) and 222(1) requires consultation with a plurality of judges in the formation of the opinion of the CJI or does the sole individual opinion of the CJI constitute consultation within the meaning of the said Article.

Indo-US talks lift up ties
Tribune News Service

NEW DELHI, Aug 25 — The Indo-US relations appear to be returning to pre-Pokhran level with the two sides expressing their commitment to work towards creating "a positive environment" for enabling the US President, Mr Bill Clinton, to undertake his visit to South Asia some time this year or early next year.

The fourth round of official Indo-US talks ended today in Washington on a "positive, candid and constructive" note, a Ministry of External Affairs spokesman said here today.

The talks between the Prime Minister, Mr Atal Behari Vajpayee’s special envoy, Mr Jaswant Singh, and the US Deputy Secretary of State, Mr Strobe Talbott, which began informally on Sunday evening when the latter hosted a dinner at his residence where the US Secretary of State, Ms Madeleine Albright, and Mr Sandy Berger also dropped by.

The official level one-to-one talks between Mr Jaswant Singh and Mr Talbott began on Monday morning with the Indo-US officials meeting separately in groups, the spokesman said adding that the talks continued over a working lunch hosted by the latter. At these talks, the US side also gave a detailed briefing on the American action in Afghanistan explaining the US rationale behind the missiles attacks on the terrorist hideouts in Afghanistan and Sudan. Mr Talbott later left for London where he is due to meet the Pakistani foreign secretary, Mr Shamshad Ahmed, today.

A State Department official said talks focussed on whether progress would be made to allow Mr Clinton to make a trip to Pakistan and Bangladesh in November. "We need to have some sense that we are really moving in a direction, that things are going to happen so that the President makes the visits to the region in a positive context", the State Department official said.

Mr Singh later on Monday paid a visit to the Pentagon where he called on the Vice Chief of Joint Chief of Staffs, General J. Ralston. General Ralston hosted a dinner for Mr Jaswant Singh. The dinner was attended by the US Assistant Secretary of State, Mr Thomas Pickering, and former National Security Advisers, Mr Brent Scoroft and Mr Anthony Lake. The Under Secretary of State for Defence Policy, Mr Slocombe was also there.

Mr Jaswant Singh also met the Deputy Secretary of Defence, Mr Hamre as the US Secretary of Defence, Mr Cohen was not in Washington.

Mr Jaswant Singh is scheduled to pay a visit to National Defence University today where he would interact with the staff. He would be briefing them on India’s security concerns. The US side will also be making a four-hour presentation in the Department of Energy on conventional and non-conventional sources of energy. The US is reportedly keen on deepening the bilateral cooperation in the field of energy.

Sources said the Indo-US differences on the disarmament issues have been considerably reduced with New Delhi moving towards signing the Comprehensive Test Ban Treaty (CTBT). The only hitch now in making an official commitment for signing the CTBT appear to be domestic. A consensus among the different political parties is yet to be worked out. In coming weeks, the government will make a concerted effort to explain to the leadership of the political parties for preparing ground for signing the CTBT,sources said. India would not sign the NPT but will only put signature on the CTBT, sources said.

The moment a consensus is evolved on the issue ground will be laid for Mr Clinton’s visit.

Incidentally the informal dinner, hosted by Mr Talbott at which white wine and fish was served, was cooked by Mrs Talbott,sources said stressing that atmosphere for Indo-US relations is improving at every round of talks. The next round of talks between Mr Jaswant Singh and Mr Talbott is likely to take place soon, sources said.