File photo of Supreme Court judge Justice Kurian Joseph at a press conference in New Delhi.(HT Photo)
File photo of Supreme Court judge Justice Kurian Joseph at a press conference in New Delhi.(HT Photo)

No precedent of govt returning collegium’s recommendation: Justice Kurian Joseph

Justice Kurian Joseph said more detailed discussions should take place on the matter.
Press Trust of India, Kochi | By Press Trust of India
UPDATED ON MAY 06, 2018 06:33 PM IST

The government’s decision to send back the Supreme Court collegium’s recommendation for the elevation of Uttarakhand Chief Justice KM Joseph as a judge of the top court was unprecedented and needed more detailed discussions, Justice Kurian Joseph, a member of the collegium, said on Sunday.

“Things that should not have happened had happened -- that is the general feeling,” the apex court judge told reporters on the sidelines of a function Kochi.

He was replying to a question on the Centre returning the recommendation of the collegium and asking it to reconsider Justice K M Joseph’s elevation to the apex court.

“There is no precedent of the names recommended by the collegium being returned (by the Centre). So, more detailed discussions should take place (on the matter),” the Supreme Court judge said, without elaborating further.

The collegium had, on May 2, deferred a decision on the issue of reconsidering its recommendation to elevate Justice KM Joseph, after it was sent back by the government last month.

The five-member collegium, comprising Chief Justice of India Dipak Misra and justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, met after the apex court’s working hours, but no decision was taken as certain differences between the members could not be resolved.

The Centre, while returning the file of Justice Joseph to the collegium, had also mentioned that judges from various high courts had not found a place in the apex court.

Justice K M Joseph’s name was recommended, along with that of then senior advocate, Indu Malhotra, on January 10 for their elevation as apex court judges.

The government had, on April 26, declined to accept the recommendation of the collegium and asked it to reconsider Justice Joseph’s name.

Malhotra was sworn in as a Supreme Court judge on April 27.

In an unprecedented move, justices Chelameswar, Gogoi, Lokur and Joseph had called a press meet in January and highlighted certain issues in the judiciary.

(This story has been published from a wire agency feed without modifications to the text. Only the headline has been changed.)

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