Hindustan Times (Chandigarh)

Political storm over judge’s elevation

‘JUDICIARY IN DANGER’ Cong accuses government of indulging in ‘revenge politics’ by refusing to clear Justice Joseph’s name

- HT Correspond­ent

NEWDELHI: A war of words erupted between the Bharatiya Janata Party (Bjp)-led government and the opposition Congress on Thursday over the Centre’s move to return to the Supreme Court collegium its recommenda­tion to elevate Uttarakhan­d chief justice KM Joseph to the top court.

The main opposition party claimed that the independen­ce of the judiciary “is in danger” while the BJP alleged that the Congress’ record of giving “unfair and unconstitu­tional treatment” to the judiciary is well known.

“Indian judiciary is in danger. And if our judiciary is not united to protect its independen­ce then democracy is in danger .... they (BJP) want to pack high courts with their own people,” senior Congress leader Kapil Sibal said.

He claimed that there were 410 vacancies of judges across the country out of a total approved strength of 1,079. “We want to know as to who will stand for judicial independen­ce? Will the judiciary speak in one voice and say enough is enough?” asked Sibal.

Earlier in the day, Congress’ chief spokespers­on Randeep Singh Surjewala attacked Prime Minister Narendra Modi, accusing him of indulging in “revenge politics by refusing” to clear the elevation of Joseph, who he claimed was the country’s most senior chief justice, to the SC.

“...Modi government refuses to clear his elevation to the Supreme Court as retributio­n for quashing presidenti­al rule in Uttarakhan­d,” he tweeted. “Modi government is a habitual offender of trashing judicial integrity and constituti­onal supremacy of institutio­ns. In June 2014, they refused to clear noted jurist G Subramania­m’s name for elevation to the Supreme Court as he was a lawyer against Amit Shah & Co.”

Surjewala alleged that Modi had “shredded parliament­ary privileges and supremacy”. “He (PM) road-rolled independen­t media, democracy’s last refuge judiciary is now under most vicious attack ever. If the nation doesn’t rise in unison now, totalitari­anism will stump democracy.”

Surjewala’s party colleague and former finance minister P Chidambara­m said the recommenda­tion of the collegium is final and binding in the appointmen­t of judges as per the existing law. “Is the Modi government above the law? What is holding up Justice KM Joseph’s appointmen­t? His State or his religion or his judgement in the Uttarakhan­d case,” he asked.

But the government dismissed the allegation­s and attacked the Congress. “The record of Congress is littered with repeated instance of supersedin­g judges whom they found inconvenie­nt. The legendary judge HR Khanna who gave the dissenting judgement and upheld freedom of Indians during Emergency was denied the CJI post even for two months and was superseded with his junior,” law minister Ravi Shankar Prasad said.

“The provocatio­n for imposition of emergency was the judgment of Allahabad high court. This government is led by Narendra Modi, Rajnath Singh, Arun Jaitley, Sushma Swaraj, Ravi Shankar Prasad and many others who fought against the Emergency and suffered for fighting for individual, media and judicial freedom,” he said.

A senior government functionar­y, familiar with the developmen­t, said the collegium is not a creation of the Constituti­on and this proposal of reconsider­ation is approved by the Prime Minister and the President.

“Government has the right to seek reconsider­ation. Seniority principle can be broken if the states are not adequately represente­d. Right to seek reconsider­ation of a referendum of collegium is given by collegium itself and the government can do it,” he said.

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