Centre notifies appointment of 3 additional judges as judges of Kerala HC

Jan 23, 2023

New Delhi [India], January 23 : The Ministry of Law and Justice on Monday notified the appointment of three additional judges as the Judges of Kerala High Court.
Notification issued in this regards stated that in the exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Justices Abdul Rahim Musaliar Badharudeen, Viju Abraham and Mohammed Nias Chovvakkaran Puthiyapurayil, Additional Judges of the Kerala High Court to be Judges of the Kerala High Court with effect from the date they assume charge of their respective offices.
Last month the Supreme Court Collegium headed by Chief Justice DY Chandrachud had approved the proposal for the appointment of these three additional judges as permanent judges, in the Kerala High Court.
Recently, Centre Government had assured the Supreme Court that it will adhere to the timeline relating to the process of appointment of judges in High Courts.
Attorney General R Venkataramani, representing Centre, apprised the court that out of 104 recommendations with the govt as of now, 44 will be processed very soon.
A bench headed by Justice Sanjay Kishan Kaul listed the matter for further hearing on February 3.
The court also expressed concern about creating an environment where meritorious people are hesitant to give consent for his name for an appointment for a judge's post due to delay in clearing in the name. The court also flagged the issue that a couple of names have been withdrawn by the people as their names have not being cleared for months.
The court also observed that names cleared by the Collegium are put on the website and then it is not cleared. The court remarked that the person is professionally affected, therefore people hesitate to give consent as it gives examples of two outstanding counsels who withdrew their names because of the delay in clearing their names.
The court also said that keeping the name pending sends the wrong signal. The court also observed that govt might have apprehensions but names cannot be kept on hold. The court also said that till the law holds the fort, the law has to be implemented. Until this is the law of the land, Centre will have to follow it, the court remarked.