Chandigarh, Sep 6 (PTI) Additional Solicitor General of India Satya Pal Jain on Sunday refuted the Punjab government’s allegations that its views were not taken for the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court, saying that the AAP dispensation had sufficient time to send its views.
Jain said the controversy raised by the Punjab government over the appointment is most unfortunate and totally uncalled for.
The additional solicitor general said the appointment was made by President Droupadi Murmu, who is the highest constitutional authority.
“The Punjab government had sufficient time to send its views, if they had any, within a reasonable time, a week or two. However, they did not till date,” he said.
Jain’s reaction came after the Punjab Cabinet on Sunday passed a resolution against the Centre’s decision to notify Justice Mishra’s appointment, claiming it was done without awaiting the state government’s views, bypassing Constitutional norms and procedures.
“There is a set procedure for the appointment of judges called the Memorandum of Procedure. The entire procedure has been followed before making this appointment. All procedure prescribed and all protocols required have been followed, and there is absolutely no violation or infringement of any provision of law,” Jain said in a statement.
The Supreme Court collegium on August 6 recommended the names for the appointment of chief justices of Maharashtra, Bihar, West Bengal, Chhattisgarh, Punjab and Haryana in its first lot, and for Rajasthan, Jammu and Kashmir and Madhya Pradesh in the second lot.
Jain said the views of all these state governments were sought on these proposals, and they subsequently sent their views within a week, except the Punjab government.
He further said that both the Punjab and Haryana governments were informed of this proposal, and their views were sought on August 10.
The governors of both states sent their approval, and the Haryana government sent its views in favour of the proposal on August 12 and 13, he added.
The additional solicitor general asserted that the state governments don’t have a veto on the appointment.
“No one has the right to sit over the proposal for an indefinite period, with a view to scuttling the judicial process and politicising the non-political issue,” Jain said.
Amid the controversy, the executive committee of the Punjab and Haryana High Court Bar Association on Sunday expressed its concern and unequivocal condemnation of the stand taken by the Punjab government over the appointment.
“In view of the serious developments concerning the reported stand taken by the Punjab government, an emergent meeting of the executive committee of the Bar Association has been called to deliberate upon the matter and the issues concerning the independence and dignity of the judiciary,” the association said.
It said that the Punjab Cabinet convening a meeting specifically to deliberate upon the appointment of the chief justice raises serious concerns regarding its “executive overreach” into a matter governed by the constitutional mechanism for judicial appointments.
“Any action that creates an impression of political or executive pressure upon the judiciary has the potential to erode public confidence in administration of justice,” Parampreet Singh Bajwa, secretary of the High Court Bar Association, said.
“The Bar Association, therefore, urges the Punjab government to preserve the sanctity of the Punjab and Haryana High Court and the dignity of the august office of its chief justice,” Bajwa added.
Shiromani Akali Dal leader Daljit Singh Cheema also slammed the AAP government, saying the objections to Justice Mishra’s appointment are deeply concerning.
“Punjab CM Bhagwant Mann’s objections to the appointment of Justice Ashwani Mishra as Chief Justice of the Punjab & Haryana High Court are deeply concerning and must be condemned in the strongest terms,” he said on X.
“Any attempt by the executive to question or influence judicial appointments undermines the independence of the judiciary and the constitutional separation of powers,” he added. PTI SUN VSD KSI KSI
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.