SC told to use collective wisdom to protect self
The Congress on Thursday urged the Supreme Court to collectively use its constitutional powers to protect its institutional independence, so vital for the survival of democracy in India.
Its spokesman and top legal luminary Kapil Sibal referred to the letter written by Supreme Court judge Kurien Joseph to the Chief Justice of India Dipak Misra and all 22 Supreme Court judges on the government blocking appointment of Uttarakhand High Court chief justice Kuttiyil Mathew Joseph and senior advocate Indu Malhotra to the Supreme Court as recommended by the Collegium three months ago.
He told a press conference that Justice Kurien's letter published in a national daily on Thursday is a matter of grave concern. "No party should be allowed to interfere in the processes of appointment of judges." He said the judge has thrown the ball in the CJI's court to force his hand to call a 7-judge bench and ask the government to appoint the two in a stipulated time, failing which make it liable for contempt of court.
Sibal said: "The Chief Justice of India must resist and ensure the appointments as not taking any action amounts to capitulation. We urge the CJI and the entire court to stand together and ensure recommendations are implemented."
Chief Justice K M Joseph earned the ire of the Modi government as he had quashed the President's rule imposed by it in Uttarakhand, then ruled by the Congress. It was because of this that the Government even refused his transfer to a southern state in view of his health condition.
Justice Kurien Joseph has said: "It is for the first time in the history of this court where nothing is known as to what has happened to a recommendation after three months." He requested the CJI to establish a bench of seven seniormost judges to suo motu take up the matter of the Government sitting on the two names.
Demanding immediate intervention by the CJI, Justice Kurien Joseph has said: "If there is no normal delivery on completion of the gestation period, what is urgently done is a caesarean section. Unless such a surgical intervention is made at an appropriate time, the child in the womb dies."