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September 8, 1998

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Supreme Court won't review 1993 verdict in view of Presidential reference on judicial appointments

The Supreme Court today made it clear it would neither reconsider nor review the 1993 judgment which gave primacy to the recommendations of the Chief Justice of India in the appointment and transfer of high judiciary. The apex court was dealing with the Presidential reference in the matter.

The nine questions raised in the Presidential reference should therefore be dealt with in the light of this judgment in the Supreme Court Advocates and Record Association case, which had become the law of the land, a nine-judge Constitution bench headed by Justice A S Anand said.

However, if any grey areas emerge during the hearing, the court would make an effort to clarify them, the bench added.

The Union government assured the Supreme Court that it would abide by its opinion in letter and spirit on the Presidential reference which raised doubts about the ''consultative process'' involved in the appointment of judges to the apex court and high courts and the transfer of judges.

The assurance was given by Attorney General Soli J Sorabjee in response to a query from the court.

While adjourning the hearing to September 15, the court directed that written submissions by the parties concerned should be made on or before September 14.

The court allowed only four intervention applications out of a total of 18 filed so far.

The four applications were filed by the Bar Association of India, the Supreme Court Bar Association, the Committee on Judicial Accountability and R K Singh, who was the petitioner in the Allahabad high court judges' appointment case.

UNI

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