The Free Press Journal

IF OK WITH CENTRE, IT’S OK WITH ME: CJI

Ok for Centre to reject Justice Joseph’s name, says Misra • Refuses to put Indu Malhotra’s elevation on hold till Joseph issue is cleared

-

"Is the Modi government above the law?" tweeted Chidambara­m, questionin­g whether the hold up on Justice Thomas was because of "his state or his religion or his judgment in the Uttarakhan­d case."

The Centre on Thursday asked the Supreme Court collegium to reconsider its recommenda­tion to elevate Uttarakhan­d High Court Chief Justice K M Joseph to the Apex Court, even as it approved the appointmen­t of senior advocate Indu Malhotra as Supreme Court judge.

Union Law Minister Ravi Shankar Prasad on Thursday morning reportedly wrote to Chief Justice of India Dipak Misra in this regard. The CJI did not take the reverting of Joseph's name as an offence.

Instead, he said: "If they (the government) have sent back a name for reconsider­ation, they are well within their rights to do so under the Constituti­on Bench judgments. We will now examine it."

The CJI's remark came in response to some lawyers rushing to his court and urging him to put on hold the appointmen­t of Indu Malhotra as the first woman elevated directly to the Supreme Court as a judge. He dismissed the prayer as "unthinkabl­e."

"It is unthinkabl­e, unimaginab­le, inconceiva­ble and never before heard to stay her (Malhotra's) warrant of appointmen­t," he said in response to senior advocates Indira Jaising, CU Singh and Vikas Singh pleading on behalf of the Supreme Court Bar Associatio­n that the "unilateral" segregatio­n of Justice Joseph's name is a "direct attack" on the independen­ce of the judiciary.

The CJI said nobody perhaps understand­s the gravity of the situation and that the Collegium will take an objective view.

Jaising had asked for staying of appointmen­t of Malhotra until the concerns are addressed. All three lawyers said their concern is that independen­ce of the judiciary must be saved at all cost.

Justices AM Khanwilkar and DY Chandrachu­d, who were the other judges on the Bench headed by the CJI, pointed out that if this strict principle of no segregatio­n was applied, appointmen­t process will be halted for the high courts.

"Suppose Collegium sends 30 names for high courts. If the government wants us to reconsider two or three names, should they be allowed to sit over other names also? Imagine what will that do to the appointmen­ts. Should we apply different principles for appointmen­ts in high court and the Supreme Court," asked Justice Chandrachu­d.

"Let a decision be first taken," added Justice Khanwilkar who may not be aware of the law minister's letter to the CJI. Perhaps even the CJI may not have read the letter as the law ministry sources gave advance publicity to it before it was acknowledg­ed by the CJI's office.

One of the lawyers argued that such segregatio­n also raises the issues of seniority. The Bench agreed that it could be an issue to be discussed, but there is no urgency to hear this case.

Meanwhile, the President signed the warrant appointing Malhotra as a judge in the top court. She is likely to be sworn in on Friday or on Monday by the CJI. The government has sent back the recommenda­tion to make Justice Joseph a Supreme Court judge, urging the collegium to be "objective and fair" since his name was not recommende­d "in terms of seniority and merit and fair representa­tion."

While the law minister refused to comment, his ministry sources said the government wants the collegium to explain why Justice Joseph was chosen despite other judges being senior. Former union minister and senior Congress leader P Chidambara­m, who is also a senior advocate, tweeted that Justice Joseph was being punished for his decision to quash the President's rule imposed in Uttarakhan­d in 2016.

"Is the Modi government above the law?" tweeted Chidambara­m, questionin­g whether the hold up on Justice Thomas was because of "his state or his religion or his judgement in the Uttarakhan­d case."

A month after his verdict, the Centre had also rejected the collegium's recommenda­tion to shift him to Hyderabad as the Chief Justice of the High Court of Andhra Pradesh and Telangana.

The law ministry sources, however, claim the hold-up of Justice Joseph's name has nothing to do with the Uttarakhan­d verdict, asserting that the collegium did not go by seniority in recommendi­ng him despite being 45th in line and not the seniormost as claimed.

 ??  ??

Newspapers in English

Newspapers from India