The Supreme Court on Wednesday upheld the controversial appointment of Justice Ashok Kumar as the permanent judge of the Madras High Court but expressed dismay over a former Chief Justice of India being "swayed by sthe views of the government" which amounted to "surrender".
The court expressed its regret that the then Chief Justice (R.C. Lahoti), which it did not name, did not stick to the views expressed by the collegium comprising of two senior most judges of the apex court that Justice Ashok Kumar was unsuitable to be appointed as a permanent judge and his term as additional judge was extended by one year from August 3, 2005.
“The then Chief Justice should have stuck to the view expressed by the collegium and should not have been swayed by the views of the government to recommend extension of the term of Justice Ashok Kumar for one year as it amounts to surrender of primacy by jugglery of words." a Bench headed by Justice Arijit Pasayat said.