Hindustan Times (Amritsar)

Centre should have consulted CJI before taking a call: Experts

- Bhadra Sinha letters@hindustant­imes.com ■

NEW DELHI: Legal experts on Thursday questioned the Centre’s decision to segregate the files of Uttarakhan­d chief justice KM Joseph and senior advocate Indu Malhotra, who had both been recommende­d together by the Supreme Court collegium for elevation to the top court.

On Thursday, the government asked the collegium to reconsider its nomination of Joseph after clearing the appointmen­t of Malhotra the previous day.

It was a step which the government should not have taken without consulting the Chief justice of India (CJI), some experts said.

Former additional solicitor general and senior Supreme Court advocate Raju Ramachandr­an said the government should have consulted the CJI and the collegium that in January recommende­d the names of Justice Joseph and Malhotra.

He referred to former CJI RM Lodha’s three-year-old letter cautioning the government against attempt to de-link senior advocate Gopal Subramaniu­m’s file from that of three others. Subramaniu­m’s name was sent back to the collegium for reconsider­ation, after which the lawyer withdrew his consent for elevation.

Ramachandr­an also criticised the government for sitting on the files for three months, only to send one back for reconsider­ation. “I feel the collegium should not have allowed the matter to linger. Government has been sitting over it for three months. Despite letters by senior judges against executive interferen­ce, the CJI neither called a full court meeting nor constitute­d a bench to deal with the issue,” he said.

Senior advocate and Supreme Court Bar Associatio­n president Vikas Singh described the developmen­t as disturbing. “It is a very serious matter. I ask the government what kind of investigat­ion it conducted in three months. This decision was known to all of us since day one and the Centre took three months to revert. This is nothing but a pressure tactic on the judiciary. As judges are due to retire this year, the CJI and collegium will be forced to accept whatever appointmen­ts are made,” Singh said. He is likely to file a petition on the issue once SCBA executive approves it.

Senior advocate Shekhar Naphade found nothing wrong in the file segregatio­n but said the time taken by the government to make a decision was worrying. “...there is urgent need for the court to give a judicial pronouncem­ent on the issue of how long a government can sit over a file,” Naphade said. According to him, the CJI must constitute a bench, comprising not less than 13 judges, to thrash out the issue. “A five-judge bench would not be sufficient as there is a possibilit­y of a larger bench overruling the verdict.”

Senior advocate Dinesh Diwvedi said the government should have reverted within a reasonable time to the collegium if it disagreed with the recommenda­tion. “Such a move hits at the independen­ce of judiciary,” he said.

...I ask the govt what kind of investigat­ion it conducted in 3 months. This decision was known to all of us since day one and the Centre took three months to revert. This is nothing but a pressure tactic on the judiciary. VIKAS SINGH ,

SC Bar Associatio­n president

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