The state of Jharkhand has filed a contempt petition against the Central Government in the Supreme Court. It states that the delay in the appointment of the Chief Justice of Jharkhand High Court has affected the independence of the judiciary and the administration of justice.
The Supreme Court Collegium had recommended the transfer of Justice MS Ramachandra Rao as the Chief Justice of Jharkhand High Court on July 11, 2024, but the Central Government has not yet notified it. The state government has mentioned this complaint in its contempt petition.
The petition states that the Chief Justice plays an important role in ensuring the smooth functioning of the judiciary. The absence of the Chief Justice affects judicial work. The Central Government has been asked to direct the appointment of Justice Rao as the Chief Justice of Jharkhand as per the recommendation of the Collegium.
“The Chief Justice performs important administrative functions and is the head of the Judicial family in the state. Regularly Appointed Chief Justice is essential for the efficient administration of Justice and functioning of the Judiciary,” states the petition.
“It is further submitted that the unreasonable delays in the matters of appointment after recommendations have been made by the Collegium headed by Hon'ble the Chief Justice of India are detrimental to the administration of Justice in the state,” it adds.
The State government in its petition has said that the actions of the Respondents/Alleged Contemnors in not making appointments in terms of the recommendations of the Collegium hurt the Rule of Law, which has been held to be a part of the basic structure of the Constitution.
Notably, the contempt petition has been filed against the Secretary of the Ministry of Law and Justice, Rajiv Mani and other respondents for non-compliance with the Supreme Court's directions.
The Jharkhand High Court has been running without a regular Chief Justice since July 20, 2024. Justice BR Sarangi was elevated to the Chief Justice of Jharkhand High Court on July 5, 2024, and he retired on July 19, 2024, merely serving for 15 days as the Chief Justice of the High Court.
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