The ministry also lacks records of chief justices of different high courts who have been superseded in elevation to the Supreme Court and which has drawn objections from different quarters.
The law ministry justice does not have the names of judges whose elevation to the Supreme Court or high courts was returned by the president.
The ministry also lacks records of chief justices of different high courts who have been superseded in elevation to the Supreme Court and which has drawn objections from different quarters.
This was stated by department of justice in an RTI reply sent to activist SC Agrawal who had sought details about several issues regarding judges of Supreme Court and high court from the president's secretariat.
The secretariat had forwarded the questions concerning these issues to department of justice.
"It is seen that you have requested for the lists of the names of the judges whose files were returned by Rashtrapati Bhavan in case of elevation to the high court or to the Supreme Court and details of chief justices of high courts where representations and submissions were received against their superseding as Judges of Supreme Court.
"In this connection it is to be mentioned that no such list is maintained by this Department and therefore, no information can be provided," SK Shrivastava, central public information officer at department of justice said.
The president may return such a recommendation but the collegium may again send the unanimous request and in such
cases, the president may have to accept the recommendation.
The central information commission in a recent order had directed the Supreme Court to make public the appointment and elevation details of judges but the directive was stayed by apex court.
"The recommendation of appointment of justices is decidedly a public activity conducted in the overriding public interest. Hence, the plea of seeking exemption under the definition of fiduciary relationship cannot stand, and even if accepted in technical terms, will not withstand the test of public interest," chief information commissioner Wajahat Habibullah had said.
Petitioner Agrawal had sought complete correspondence between authorities concerned relating to appointment of Justices HL Dattu, AK Ganguly and RM Lodha superseding seniority of justices AP Shah, AK Patnaik and VK Gupta as allegedly objected by prime minister’s Office.
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