Chief Justice of India Surya Kant has said that the Supreme Court Collegium is actively engaged in the process of filling the remaining vacancies in the offices of Chief Justices across various High Courts, while making it clear that allegations concerning a sitting judge must be addressed through established institutional mechanisms and cannot be subjected to adjudication in the court of public opinion.
The CJI stated that he, along with the other members of the Collegium, is already seized of the issue relating to the appointment of Chief Justices in the High Courts where the posts remain vacant.
Addressing concerns raised in letters written by Justice Sandeep Mehta, the Chief Justice said that the communications had been duly taken note of and that the issues flagged therein were receiving consideration at the appropriate institutional level. At the same time, he underscored that the mere articulation of allegations against a sitting constitutional functionary cannot be equated with a determination of their veracity.
Chief Justice Surya Kant emphasised that any complaint or allegation against a judge must be dealt with strictly in accordance with the established institutional framework and the principles governing judicial accountability. The contents of such communications, he said, cannot be subjected to a public trial or adjudicated through competing narratives in the media.
The CJI stressed that adherence to the principles of natural justice remains indispensable in any process involving allegations against a sitting judge. The judge concerned, he said, must be afforded a fair and meaningful opportunity to place his version and response on record before any conclusion is drawn or any consequential action is contemplated.
“The existence of an allegation cannot, by itself, be elevated into a finding,” was the essence of the CJI’s position, as he cautioned against any presumption of culpability merely because accusations have been made.
According to the Chief Justice, the matter is presently under examination at the appropriate level, and the decision-making process will take into account the material placed before the authorities by Justice Sandeep Mehta, as well as the response furnished by Justice Sharma. The competing material, he indicated, would have to be
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