Chief Justice of India refuses to be part of panel to select NJAC members, Supreme Court told

Giving another turn, Chief Justice of India HL Dattu has declined to go to a meeting with the Prime Minister and resistance pioneer of the determination advisory group of the National Judicial Appointments Commission (NJAC) till the legitimacy of the law is maintained, an improvement the AG called a “sacred stalemate”.
The improvement went ahead a day the five-judge Constitution seat of the Supreme Court headed by Justice JS Khehar, started hearings for the situation testing the NJAC after it had as of late rejected the discord that it can’t hear the supplications on the ground of predisposition and irreconcilable circumstance.
As the seat got prepared to hear the supplications on benefits, it was told by Attorney General Mukul Rohatgi that the CJI has kept in touch with Prime Minister Narendra Modi that he won’t partake in determination of two famous persons to the NJAC board till the legitimacy of the law is settled.
“In response to the invitation from your office to attend meeting to select two eminent persons, I have to say that it is neither appropriate nor desirable for me to attend the meeting or be part of National Judicial Appointments Commission till the Supreme Court decides its validity,” the CJI has said in his letter to Modi, sources said.
The three-member panel comprises Chief Justice of India, Prime Minister and the Leader of Opposition, who are authorized to select and appoint two eminent persons in the six-member NJAC for appointment of judges to higher judiciary.
Terming the development as “constitutional stalemate”, Rohatgi said the bench may ask the CJI to take part in the meetings for selecting the two members of the NJAC panel.
The bench, also comprising Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel, then sought the views of eminent lawyers including Ram Jethmalani, FS Nariman, K Parasaran, Harish Salve and the Attorney General on how to proceed with the matter taking into account that in immediate future there would be the eventuality of appointment of existing additional judges of high courts whose tenures are coming to an end.
After taking note of their views, the judges retired to their chambers and assembled after 15 minutes.
Justice Khehar later said that the bench has decided to continue with the hearing on the merits of the case and, if needed, it will pass an interim order.
“A consensus has emerged that we will continue with the merits of the case and when it is necessary we will pass an interim order,” the bench said.
Earlier during the day, the AG submitted that it is mandatory for the CJI to be the part of the panel in selection and appointment of eminent persons in the six-member commission. A direction should be passed for the CJI to take part in the meeting, pleaded the AG.
Senior advocate Jethmalani said that the bench has to see if, prima facie, a case for staying the operation of NJAC Act is made out or not.
However, senior advocate Harish Salve, appearing for Haryana government and supporting the new law, submitted that the bench can continue with the hearing as the question of additional judges of high courts will arise only on May 20 and in the meantime, if the hearing goes on the judges will get the grasp of what is going to be the prima facie view.
Salve further said that the bench has to, on the one hand, consider the sensitivity of the head of the judicial family, that is the CJI, and on the other hand, the will of Parliament, which led to the constitution of the NJAC.
He also said let the matter be heard for seven-eight days and then a view can be taken on the entire issue.
“Today we are at the very initial stage,” Salve said, adding that staying the amendment at this stage will not be the right thing to do.