Friday, November 25 2005 19:50 Hrs (IST) - World Time -

New Delhi: The Supreme Court today (Nov 25, 2005) expressed displeasure at the Center's decision of announcing names of judges for the Madras High Court in a phased manner despite being cleared by its saying it would create more problems.

"We have sent 17 names. I think they should be appointed together because seniority and various other problems will arise. In principle, all have to be appointed together," a Bench comprising Chief Justice Y K Sabharwal and Justice C K Thakker said posting the matter for further hearing on December 9.

However, while adjourning the matter, the Bench made it clear why it was extending the time.

"Hope by then the necessary steps will be taken," it observed.

Senior advocates Soli J Sorabjee and K K Venugopal, appearing for different Bar Associations, objected to the announcement of judges for the High Court in phased manner.

"Why selective forwarding of the names," Sorabjee, appearing for the Revenue Bar Association of Chennai, said.

Venugopal, appearing for the Advocates' Association of Chennai, submitted that there has been fear of political interference at every stage.

The Center said that delay in announcing the names was because of inquiry to be done after recommendation of names.

The counsels submitted that after the collegium's clears the names there should not be a question of inquiry.

On this point, the Bench said, "If any new material is brought we are amenable to consider it. But there is no new material."

The Madras High Court has been functioning with less than 50 per cent of the sanctioned strength of 42 judges.

The apex court said its priority has been to see that Madras High Court has sufficient number of judges for its proper functioning.

"We must see to it that the High Court have some reasonable number of judges so that it functions. Today it is hardly functioning. Those bail applications and other important matters, all get adjourn," the Bench said.

When Attorney General Milon Banerjee said that the Chief Justice should have all India picture of the judges in the High Court, the Bench replied that it already has and expressed its anguish by saying that three months have passed since the collegium recommended names for the judges of Madras High Court.

Similar petitions had been filed for filling up the vacancies of judges in the Patna and Allahabad High Courts where there are 21 and 25 vacancies respectively. The apex court was informed that in Jharkhand High Court there is vacancy for nine judges.

The Lawyers' association had pointed out that the day-to-day work of the Madras High Court was being affected due to shortage of judges and the reason was not known for delay in appointment of judges.

Last month Law Minister H R Bhardwaj, replying to a question on appointment of judges for Madras High Court, had said there was some difficulty and had hinted that there was some element of political consideration in those names.

He had said the list containing the names would be declared in phases.

However, the apex court during the last hearing had pulled up the Center for its failure to appoint judges to the High Court despite names being cleared by its collegium's and had sought the factual position on it.