Nothing Wrong if Centre Wants Us to Reconsider Justice KM Joseph's Elevation as Supreme Court Judge: CJI Dipak Misra
The CJI dismissed a petition moved by over 100 lawmakers seeking delay in the appointment of Indu Malhotra as the top court judge, till a definite decision is taken on Justice Joseph.
New Delhi, April 26: Even as the Opposition along with a section of judiciary marking dissent against the Centre for not approving the elevation of Justice KM Joseph as a Supreme Court judge, Chief Justice of India Dipak Misra came to the government's defence.
The CJI said there is "nothing wrong" if the Centre wants the Collegium to reconsider Justice Joseph's elevation. "If the Centre has sent one of the names for reconsideration then they are within their rights," he said.
Justice Joseph, the incumbent Chief Justice of Uttarakhand High Court, along with veteran SC advocate Indu Malhotra, was recommended by the apex court's collegium for elevation. While Malhotra was granted approval on Wednesday, the same was denied to Justice Joseph.
"The proposed appointment of justice K M Joseph at this stage does not appear to be appropriate. It would also not be fair and justified to other more senior, suitable, and deserving Chief Justice and senior judges of various high courts,” said the letter sent to the CJI by the Law Ministry.
The Opposition, however, claims the government denied the elevation of the judge as he had presided over a bench in 2016 which had annulled the President's rule imposed in Uttarakhand.
Over 100 lawmakers from the Opposition moved a petition before the CJI seeking delay in the elevation of Malhotra as the top court judge. The petitioners said her appointment should be halted till a definite decision is taken on Justice Joseph.
The CJI dismissed the petition, saying, "It would be unthinkable, unimaginable and inconceivable to delay Indu Malhotra's appointment."
Law Minister Ravi Shankar Prasad appealed the Opposition to refrain from politicising the judiciary. "Everyone knows how the Congress scuttled the courts when it imposed the emergency. Even when they are in the Opposition, they are attempting to vitiate the judicial atmosphere," he said.
(The above story first appeared on LatestLY on Apr 26, 2018 04:00 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).