Union Law Minister Kiran Rijiju Tuesday said it was a matter of “serious concern” that portions of sensitive reports of the Intelligence Bureau and the Research and Analysis Wing had been placed in the public domain by the Supreme Court collegium.
He said intelligence agency officials work in secret for the nation, and would “think twice” in the future if their reports were made public.
“It will have an impact,” he said.
The minister was answering some recent questions. Resolutions of the Supreme Court Collegium, which contained parts of the reports of IB and Ra. Some of the names reiterated by the Supreme Judiciary for appointment as High Court judges, which were made public last week.
This is the first time that the government has reacted to parts of the reports that have been placed in the public domain by the SC collegium.
The collegium had reiterated the names to the government earlier this month, rejecting intelligence inputs.
“Putting sensitive or secret reports of RAW and IB in the public domain is a matter of serious concern which I will respond to at the appropriate time,” Rijiju told reporters at a Law Ministry program here. Today is not the right time.
Asked if they would ‘sensitize’ Chief Justice of India DY Chandrachud In this regard, the Law Minister said that he often meets the CJI.
He said that we are always in touch, he is the head of the judiciary and I am the bridge between the government and the judiciary, so we have to work together, you cannot work in isolation.
The SC collegium had reiterated the name of advocate R John Sathian as a judge in the Madras High Court, citing “adverse comments” by the Intelligence Bureau (IB).
It had also referred to the input of the Research and Analysis Wing (RAW) in connection with its recommendation to appoint advocate Saurabh Karpal as a judge of the Delhi High Court.
The collegium had reiterated its recommendation to promote Kirpal as a judge.
“From the Research and Analysis Wing (RAW) letters dated April 11, 2019 and March 18, 2021, it appears that there are two objections to the recommendation made by the Collegium of this Court on November 11, 2021 for approval of the name. Shri Saurabh Karpal Namely: (i) Shri Saurabh Karpal’s partner is a Swiss national, and (ii) he is in an intimate relationship and is open about his sexual orientation,” the resolution said.
Rijiju also referred to some statements and tweets by politicians and lawyers commenting on the collegium – memorandum on the procedure for appointment of judges – and the National Judicial Appointments Commission Act criticizing them for undermining the dignity of the Supreme Court. done Supreme Court.
He said that while appointment is an administrative issue, judicial decisions are “totally different”.
“I’m not commenting, or anyone should be commenting when it’s a court order.
“When we are talking about the appointment process – it is an administrative matter. It has nothing to do with a court order or a declaration,” he said.
Meanwhile, eminent jurist Fali Nariman called for talks between the Law Minister and the Chief Justice of India (CJI) to find a solution to the vexed issue of appointment of judges to the Supreme Court and High Courts.
“The solution lies in the NDA government’s Constitutional Amendment Bill 2003 based on the recommendations of the Venkatachalya Commission,” Nariman told India Today TV.
Nariman explained that the bill proposed a “five-member national commission — three senior-most judges”. He recalled that the bill provided for “decisions to be taken by majority”.
Rijiju had recently termed the collegium system as “alien” to the Indian Constitution.
This week, he shared excerpts from an interview with a retired High Court judge who claimed that the Supreme Court had “hijacked” the Constitution by deciding to appoint judges on its own.