Retired judge moves SC seeking appointment of Justice K M Joseph in apex court

A retired District Judge has approached the apex court seeking urgent action on the recommendation of the Collegium which had suggested Justice Joseph's name for elevation.

Published: 03rd May 2018 10:50 PM  |   Last Updated: 03rd May 2018 10:50 PM   |  A+A-

Justice KM Joseph (File Photo | PTI)

By PTI

NEW DELHI: Amidst uncertainty over Uttarakhand Chief Justice K M Joseph's elevation, a PIL has been filed in the Supreme Court seeking his immediate appointment to the apex court.

A retired District Judge has approached the apex court seeking urgent action on the recommendation of the Collegium which had suggested Justice Joseph's name for elevation and quashing of the "illegal and unconstitutional" move of the Centre by segregating his name.

"The petitioner is aggrieved by the shocking manner in which the Centre has unilaterally and capriciously segregated and rejected the name of Justice K M Joseph recommended by the Collegium for appointment as a Judge of this Court, while at the same time accepting the recommendation for elevation of Indu Malhotra, Senior Advocate, as a Judge of this Court," the petition said.

The PIL filed by G D Inamdar, a retired district judge from Solapur in Maharashtra, has also sought a direction to the Centre to issue warrants of appointment for Justice Joseph with consequential seniority.

"It is not permissible for the central government to sit as an Appellate Authority over the wisdom of recommendations made by the Collegium.

Since the recommendation discusses the seniority issue and endorses Justice K M Joseph in that regard, it is not open for the central government to take a contrary view and return the recommendation.

"It is submitted that the basis for returning the recommendation can conceivably be, if there is any new material that was not considered or not available with the Collegium at the time of making the recommendations, but on the same material the central government cannot give its contrary view and return the file," the plea said.

The petition said when the Collegium has sent a file recommending names of two judges in a particular order of seniority and if the Centre has any objection, then it should have sent the entire file back to the Collegium and sought due permission from it to process one name and reconsider the other name.

"Only after the due approval of the Collegium was obtained, the Warrant of Appointment ought to have been issued for that one name," Inamdar said.

The petitioner said this was an example of "direct infringement on the primacy and independence of the judiciary" as under the garb of "reconsideration" the government seeks to veto the decision of the Collegium and "de facto prevent the names of those whom it considers "inconvenient" or "punish".

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments(1)

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

  • Swaminadhan Krishnamoorthy

    It is highly regrettable that there is a committed lobby working for the appointment of Justice K.M.Joseph for the Supreme Court as if the hundreds of the judges eligible for appointment are beneath the calibre of this judge. It is very obvious that it is the Christian machinery
    1 year ago reply
flipboard facebook twitter whatsapp