Govt sends back name of Uttarakhand Chief Justice for SC berth, CJI says it's okay
New Delhi, Apr 26 (IBNS) : In a move that sets the stage for a fresh political controversy, the Government has sent back one of the two names recommended for promotion as Supreme Court judges, urging the collegium or group of five most senior judges to be "objective and fair", media reports said.
According to reports, the Government has urged the collegium to reconsider their choice of Uttarakhand Chief Justice KM Joseph.
The move was decried by the Congress, but Chief Justice of India Dipak Misra said the Government was well within its jurisdiction to do so.
However, appointment of Indu Malhotra, the second name recommended by the top judges, was cleared on Wednesday.
. The appointment has come through three months after her name was recommended by the Supreme Court Collegium.
Malhotra will become the first woman lawyer to be elevated directly as a judge in the top court.
While Law Minister Ravi Shankar Prasad has refused to comment, NDTV quoted top sources as saying that the Government wants the Supreme Court collegium to "explain why (Justice Joseph) was appointed and chosen despite other judges being senior."
Senior Congress leader P Chidambaram has accused the Government of punishing Justice Joseph for his decision to cancel central rule in Uttarakhand in 2016, a move that enabled the return of the Congress government of Harish Rawat.
"Is the Modi government above the law?" tweeted Mr Chidambaram, questioning whether the hold-up on Justice Thomas was because of "his state or his religion or his judgement in the Uttarakhand case".
Senior advocates Indira Jaising, CU Singh and Vikas Singh, representing the Supreme Court Bar Association, also claimed that the “unilateral” segregation of Joseph's name is a “direct attack” on the independence of the judiciary.
After senior advocate Indira Jaising asked for staying the warrant of appointment issued in favour of Malhotra until the concerns are addressed, CJI Dipak Misra reportedly said :
"How do you know what the Government has done? If they have sent back a name for reconsideration, they are well within their rights to do so under constitution bench judgements."
"We will now examine it," CNN-News 18 quoted the CJI as saying.
Meanwhile, the central government, on Thursday, issued the notification to appoint Malhotra as a judge in the top court. She is likely to be sworn in on Friday or on Monday by the CJI.
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