Delhi High Court Dismisses Plea Seeking Details Of SC Collegiums December 2018 Meeting

Case: Anjali Bhardwaj V. Cpio, Supreme Court Of India

Coram: Justice Yashwant Varma

Case No.: W.P.(C) 4129/2022 & CM APPL. 12346/2022

Court Observation: “It becomes pertinent to observe that a “decision” taken by the collegium would necessarily have to be embodied in a “resolution” which is ultimately framed and signed by the Hon’ble members of that collective body. That resolution alone would represent the collective decision taken or the majoritarian view which prevailed and was adopted,”

“The resolution of the Collegium of 10 January 2019 specifically records that although certain decisions were taken, since consultation could not be completed and the winter vacation of the Court intervened, the agenda items of 12 December 2018 were again deliberated upon by the Collegium on 5/6 January 2019 when it was decided that it would be appropriate that the proposals be re-evaluated in light of the additional material that had become available.”

“From the aforesaid recitals of facts, it is manifest that, in the absence of any formal resolution coming to be adopted and signed by the Hon’ble members of the Collegium on 12 December 2018, the respondents have rightly taken the position that there was absence of material that was liable to be disclosed,”

“The submissions addressed in the backdrop of certain newspaper reports are noticed only to be rejected since it is well settled that such reports are of no evidentiary value and Courts would be clearly transgressing their well settled limitations if cognizance were to be taken of such unsubstantiated and unverified reports,”

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Keywords

SC Collegiums