Thursday, 24 May, 2018

Collegium reiterates recommendation to elevate Justice KM Joseph to Supreme Court

Supreme Court file Collegium likely to repeat recommendation for Justice KM Joseph to SC…
Lillian Steele | 14 May, 2018, 00:10

Justice Kurian Joseph, the fourth-most senior judge in the apex court and part of the Collegium, said "some of our worst fears are coming true" with the government selectively approving the recommendations made for elevation.

"The Chief Justice and other members of the collegium have, on principle, unanimously agreed that the recommendation for appointment of Mr Justice K.M. Joseph. should be reiterated", the official resolution says. In the new list - the names of other judges are yet to be finalised, and the Collegium is expected to meet again for this on May 16 - Joseph will probably be low as per seniority.

The Supreme Court collegium on Friday decided that it would reiterate the elevation of Justice KM Joseph as a judge of India's top court.

In today's meeting, the agenda was same and besides Justice Jospeph, the Collegium deliberated on the names of some judges from Calcutta, Rajasthan and Telangana & Andhra Pradesh High Courts for elevation as apex court judges. "It would also not be fair to other more senior, suitable and deserving chief justices and senior judges of various HCs".

The parent High Court of Justice Joseph is Kerala High Court. It had previously met on May 2 but deferred its decision on the matter.

Official sources said the members of the Collegium deliberated on the issue for almost an hour.

Chief Justice of India Dipak Misra called a meeting of the collegium - comprising the five senior-most judges of the top court, Friday after Justice Jasti Chelameswar, the second most senior judge, wrote another letter asking for a meeting to reiterate Joseph's name. The government also reasoned that there was adequate representation of Kerala in the higher judiciary.

The government gave several reasons for its move to return the recommendation on Joseph, the judge who had quashed President's rule in Uttarakhand in 2016. Lokur and Kurian Joseph-has not yet sent his name back. A wide range of issues relating to appointment of judges from High Courts, which did not have representation, was discussed, which remained inconclusive.

Justice Chelameshwar alleged that the administration of the Supreme Court was not in order.The judges claimed to have a written a letter to justice Mishra for which they had not received a reply.

It is also learnt that Justice Chelameswar, who retires on June 22, has responded to all the points raised in the communication to the CJI by Law Minister Ravi Shankar Prasad expressing reservations on the elevation of Justice Joseph.

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