SC collegium decides to back Justice Joseph
UNANIMOUS Name to be resent with recommendations for HCs NEWDELHI:The
Supreme Court collegium on Friday decided to back Uttarakhand high court chief Justice KM Joseph for elevation to the top court despite the government spurning his nomination last month .
The five senior-most judges of the Supreme Court who comprise the collegium- Chief Justice of India (CJI) Dipak Misra, and justices Jasti Chelameswar, R Gogoi, MB Lokur and Kurian Joseph – said that they had “on principle, unanimously agreed that the recommendation for appointment of Justice K.M. Joseph as a Judge of the Supreme Court should be reiterated.”
The collegium chose not to re-send justice Joseph’s name to the government immediately, noting in their resolution that “the said reiteration should also be accompanied by the recommendation of the names of Chief Justices of High Courts for elevation as Judges of the Supreme Court, for which detailed discussion is required.“
The collegium, which decides on appointments to the higher judiciary, also considered the names of three judges from Calcutta, Rajasthan, and Telangana & Andhra Pradesh high courts, who are presently chief justices of other high courts, for elevation to the Supreme Court.
The collegium met two days after justice Chelameswar wrote a letter to the CJI asking him to convene a meeting so that it could clear the name of justice Joseph for reiteration of its recommendation that he be elevated to the Supreme Court . With the collegium clearing his name, it will be difficult for the government to say no a second time.
On May 2, the collegium had met to reconsider the case of justice Joseph’s elevation to the Supreme Court in the face of opposition by the government. But no decision was taken; the names of three more judges from the Calcutta high court, Andhra & Telangana high court and Rajasthan high court too were discussed. It was decided at that meeting that the collegium would meet a week later and take a call on the four names.
Justice Joseph’s elevation to the top court has been a bone of contention between the government and the collegium, which found him to be a meritorious and eminently suitable for appointment to the Supreme Court and , recommended his name as early as January 10 to the government. But the government, after sitting on the recommendation for over three months, returned the name of justice Joseph, calling the proposed appointment as “not appropriate” and unfair and unjustified to other more suitable chief justices and judges of high courts.