Business Standard

The plot thickens

Justice Joseph case gets more curious

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The case of Justice K M Joseph is getting more and more curious. The Supreme Court collegium appears to be putting on hold its earlier decision to reiterate its recommenda­tion for the elevation of the Uttarakhan­d high court chief justice to the nation’s highest court. On the face of it, this might appear to be only a postponeme­nt of the decision to reiterate the elevation as the most senior judge, Justice J Chelameswa­r, is due to retire on June 22.

There is reason to believe, however, that the collegium would still reiterate its recommenda­tion of the K M Joseph elevation, but only along with the names of some other chief justices of high courts, and only in July or later. But until that happens, the impression would remain that the highest judiciary is being dragged needlessly into the public eye because of internal difference­s that have to do with the manner of constituti­ng benches and the actions of the Chief Justice of India as the absolute “Master of the Roster”. Unless and until the elevation of Justice Joseph is sent back to the Centre and it is put in a cleft stick on having to accept the reiteratio­n, it would be easy to come to the conclusion that the highest judiciary is pawning its independen­ce somewhat. That could lead to the most dangerous situation in the present scene in India, riven by the divisivene­ss triggered by politician­s in their hunt for power.

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