SC collegium defers reiteration of Justice Joseph’s elevation to top court
New Delhi: The Supreme Court docket collegium on Wednesday as soon as once more deferred its resolution to reiterate its suggestion for the elevation of Uttarakhand Excessive Court docket Chief Justice KM Joseph to the highest courtroom, because it couldn’t determine on names of different judges for elevation to the apex courtroom.
Sources mentioned the collegium met to deliberate on a number of points, together with reconsidering the identify of Justice Joseph for elevation to the apex courtroom after it was returned by the Central authorities.
However, as no resolution could possibly be taken on elevation of different judges to the apex courtroom, the two-hour collegium assembly additionally deferred the choice for reiteration of elevation of Justice Joseph to the Supreme Court docket, mentioned courtroom sources.
The collegium includes Chief Justice Dipak Misra and 4 different senior-most judges of the apex courtroom – Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan Lokur and Justice Kurian Joseph.
In addition to reiterating the elevation of Justice Joseph, the collegium has earlier advisable the elevation to the highest courtroom of Rajasthan Excessive Court docket Chief Justice, Calcutta Excessive Court docket Chief Justice and the Chief Justice of Telangana and Andhra Pradesh Excessive Court docket.
The collegium throughout its final assembly on Might 11 had taken an in-principle resolution to reiterate its suggestion for the elevation of Justice Joseph to the highest courtroom.
The highest courtroom collegium reiterated its January 10 suggestion for the elevation of Justice Joseph to the apex courtroom after the Centre had on April 26 returned it for reconsideration.
In addition to Justice Joseph, the collegium had on January 10 additionally advisable the appointment of Senior Counsel (now a Choose) Indu Malhotra to the Supreme Court docket. Whereas returning the identify of Justice Joseph, the federal government cleared Justice Malhotra’s appointment.
Recommending Justice Joseph for elevation to the highest courtroom, the collegiums had on January 10 mentioned, “The collegium considers that at current Justice KM Joseph is extra deserving and appropriate in all respects than different Chief Justices and senior puisne Judges of the excessive courts for being appointed as Judges of the Supreme Court docket.”
However, the federal government, whereas sending again Justice Joseph’s suggestion for reconsideration, had invoked the precept of seniority, saying that Justice Joseph stood at quantity 42 of the seniority of the excessive courtroom judges and there have been 11 Chief Justices of assorted excessive courts senior to him — a transparent suggestion that any elevation of Justice Joseph to high courtroom can be at their expense.
It had additionally mentioned that the Kerala Excessive Court docket being comparatively a smaller courtroom, with a sanctioned power of 42 judges, was a dad or mum excessive courtroom for Supreme Court docket decide Justice Kurian Joseph, and the Chief Justices of three excessive courts – Justice KM Joseph himself (Uttarakhand), Justice T.B. Radhakrishnan (Chhattisgarh) and Justice Antony Dominic (Kerala).
The federal government had additionally flagged the difficulty of non-representation of SC/ST judges within the apex courtroom.
Nonetheless, the final notion is that Justice Joseph had earned the displeasure of the Central authorities after a bench headed by him had dominated in opposition to the imposition of President’s rule in Uttarakhand.
It’s not first time that the federal government has sought to dam collegium resolution on Justice Joseph. Earlier, the federal government didn’t materialise the collegium resolution to switch Justice Joseph as Chief Justice of Andhra Pradesh Excessive Court docket. The collegium’s resolution taken in 2016 stays unimplemented to this point.