Chief Justice of India Sanjiv Khanna, on Monday, cautioned Advocate Mathews J. Nedumpara against turning the courtroom into a platform for political speech while he was seeking listing of a petition challenging the collegium system of judicial appointments.
The petition, originally filed in 2022, aims to abolish the collegium system and bring back the National Judicial Appointments Commission (NJAC). While mentioning the case, Advocate Nedumpara referred to previous remarks made by the judiciary and political figures in support of NJAC.
"CJI Chandrachud said it five times (to list).... NJAC is the need of the hour, it has to come. The Vice President has said it, and the people of this country demand it. Your lordship has promised to list it," said Nedumpara.
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In response, Chief Justice Khanna firmly stopped the advocate, warning him not to put words in the court’s mouth or make political speeches during court proceedings.
“Do not put words in my mouth, that's all. Please... do not make a political speech in the court, that's it,” the CJI said.
This exchange highlights the ongoing tension between sections of the legal community and the judiciary over the process of appointing judges. The collegium system has long been criticized for its lack of transparency, while attempts to replace it with the NJAC were struck down by the Supreme Court in 2015.
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Earlier, the Supreme Court Registry had rejected the 2022 petition, citing that the matter was already decided in the 2015 NJAC judgment. According to the Registry, the petition was essentially seeking a review of an already settled issue under the guise of a writ petition filed under Article 32 of the Constitution.
The Registry stated that, under Order XV Rule 5 of the Supreme Court Rules, 2013, a petition can be refused if it "discloses no reasonable cause or is frivolous or contains scandalous matter."
Despite the Registry's refusal to accept the petition, Advocate Nedumpara continues to push for its listing before the bench. As per the rules, a petitioner may appeal such refusal to the Court within fifteen days of the order.
The case, titled Shri Mathews J. Nedumpara & Ors. v. Hon’ble The Chief Justice of India & Ors., Writ Petition (Civil) No. 1005 of 2022, remains pending, with no listing date confirmed as of now.
“The courtroom is a place for legal arguments, not political campaigns,” the CJI’s remark made it clear where the judiciary draws the line.
