E-Paper
Supreme Court collegium defers decision on Justice KM Joseph elevation, Prasad says govt move not linked to Uttarakhand order
The Supreme Court collegium met after the government last week returned its recommendation to elevate Uttarakhand high court chief justice KM Joseph.
The Supreme Court collegium on Wednesday deferred a decision on the elevation of Uttarakhand high court chief justice KM Joseph to the top court.
A meeting of the collegium was necessitated after the government last week returned a recommendation to elevate justice Joseph, saying “at this stage does not appear to be appropriate”.
After putting on hold justice Joseph’s elevation, Union law minister Ravi Shankar Prasad on April 26 wrote to Chief Justice of India Dipak Misra: “...It would also not be fair and justified to other more senior, suitable, and deserving chief justices and senior judges of various high courts.”
The collegium — a body of the five top judges headed by the Chief Justice of India (CJI) — comprises justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurien Joseph.
Prasad rejected on Wednesday suggestions that the government had turned down the elevation of Justice Joseph as he had once overturned the imposition of President’s Rule in the state.
He also said the geovernment had the right to seek the reconsideration of proposals sent by the Supreme Court collegium as the power flows from three apex court judgments.
Responding to questions on the decision to stall Justice Joseph’s appointment to the top court, Prasad said “sponsored allegations” are being levelled against the government by “the Congress party in particular and others in general” that Joseph’s appointment was stalled due to his Uttarakhand President’s Rule verdict.
“I wish to deny with all authority at my command. It has nothing to do with that at all,” he told reporters.
On April 25, the government cleared senior advocate Indu Malhotra’s appointment as a Supreme Court judge but held back the decision on justice Joseph —a break in tradition as judges who are recommended together are also appointed together to maintain seniority at par.
A number of Supreme Court lawyers urged the top court to put on hold Malhotra’s appointment and direct the government to clear Joseph’s name — a request that was rejected by a bench led by Chief Justice Misra. The bench said the government is within its rights to send back a name for reconsideration.
Read | SC collegium names Justice KM Joseph to top court, govt disagrees: A recap
A petition was filed by senior lawyer Indira Jaising, which said appointments have now become a matter concerning the “independence of judiciary”.
Jaising told the court that the government is stalling justice Joseph’s appointment because as chief justice of Uttarakhand high court he had quashed the imposition of President’s rule in Uttarakhand, leading to the reinstatement of the Harish Rawat government.
The opposition Congress reacted strongly to the government’s move. It accused Prime Minister Narendra Modi of “suffocating” the judiciary.
“Indian judiciary is in danger. And if our judiciary is not united to protect its independence then democracy is in danger.... they want to pack high courts with their own people,” senior Congress leader Kapil Sibal said at a press conference.
(With PTI inputs)
