Things that should never happen has happened: Justice Kurien Joseph on rejection of collegium's decision to elevate Justice KM Joseph

Justice Joseph pointed out that never in the history of the judiciary that a name recommended by the collegium was sent back.
Justice Kurien Joseph responds to queries after a book launch function at Kochi. (Express Photo | A Sanesh)
Justice Kurien Joseph responds to queries after a book launch function at Kochi. (Express Photo | A Sanesh)

KOCHI: Senior judge of the Supreme Court Justice Kurien Joseph on Sunday expressed his anguish over the centre's decision to return the name of Chief Justice of the Uttarakhand High Court KM Joseph for elevation as a judge of the apex court saying, "things that should never happen has happened and such things should never happen".

Speaking to reporters on the sidelines of a book launch function here, Justice Joseph, who is a member of the Supreme Court collegium, said the collegium meeting is scheduled to be held this week where serious discussions will be made to analyse the current situation.

Justice Joseph was in Kochi to release the autobiography of former MP Thampan Thomas at the Ernakulam Town Hall, titled 'Thulika, Thoomba, Jail Pinne Parliamentum' ('Pen, Hoe, Jail and then Parliament'). Justice Joseph pointed out that never in the history of the judiciary that a name recommended by the collegium was sent back.

The current standoff between the Centre and the Judiciary came to a head when on April 26 the Centre rejected the Supreme Court collegium's unanimous recommendation to elevate KM Joseph as a judge in the Supreme Court. The Centre had approved another recommendation of the collegium, of appointing senior lawyer Indu Malhotra as an SC judge.

Justice Joseph said the collegium meeting later this week will discuss the situation prevailing within the collegium and why such situations arise.

KV Thomas MP, presided over the meeting while writer and critic MK Sanu made the introductory remarks. Former legislator Sebastian Paul also attended the function.

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