'Govt Trying To Capture Judiciary': Kapil Sibal Hits Out At Centre Over Comments On Collegium System

The NJAC Act, which sought to overturn the collegium system of appointing SC and high court judges, was struck down by the top court in 2015 terming it “unconstitutional”.

New Delhi: Launching an attack on the government, Rajya Sabha MP and former law minister Kapil Sibal on Sunday said the government is trying to ''capture the last citadel of freedom'' the judiciary, and trying its best to create a situation where the NJAC in ''another avatar'' may be tested in the Supreme Court.

Speaking to news agency PTI, Sibal said the basic structure theory of the Kesavananda Bharati verdict is very important in current times and dared the government to openly say if that is flawed.

''They are trying their best to create a situation in which the National Judicial Appointments Commission (NJAC) in yet another avatar may be tested in the Supreme Court once again,'' Sibal told PTI in an interview.

Sibal’s remarks come days after Vice President Jagdeep Dhankhar criticised the scrapping of the NJAC Act by the top court. Dhankhar also questioned the landmark 1973 Kesavananda Bharati case verdict, saying it set a wrong precedent and he disagrees with the Supreme Court ruling that Parliament can amend the Constitution but not its basic structure.

Notably, the NJAC Act, which sought to overturn the collegium system of appointing SC and high court judges, was struck down by the top court in 2015 terming it “unconstitutional”.

Speaking about Dhankhar's remarks, Sibal said, ''When a high constitutional authority and a man who is well versed in the law makes a comment of this nature one has to first ask the question – is he speaking in his personal capacity or for the government.''

''So, I don't know in what capacity he is speaking…. The government has to confirm that. If the government publicly states that they agree with his views then it has a different connotation,'' he said.

Sibal also slammed Law Minister Kiren Rijiju for his critical comments against the judiciary and collegium system, saying it was ''unfortunate'' and a ''matter of grave concern''.

''I have said before that the Law minister is perhaps not well versed with the functioning of courts, nor is he familiar with court procedures. He is perhaps making such comments based on perceptions and incomplete facts. He apparently has not been properly briefed,'' Sibal said.

Sibal also said the country is in ''great difficulty'' in view of the Chinese “intrusion of Ladakh as well as Arunachal Pradesh'', the impending global recession, among others.

In times like these, an assault on higher judiciary is ''untimely and ill advised'', Sibal said.

''There is a deliberate design without any doubt to be critical of the Collegium system. Government does not like that appointments to the higher judiciary are in the hands of the Supreme Court collegium,'' he said.