Friday, 25 May, 2018

SC Collegium defers decision on Justice Joseph's elevation again

Justice K.M. Joseph's Elevation to Supreme Court Collegium decides to reiterate Recommendation to Government SC Collegium Again Defers Decision to Re-Recommend Justice KM Joseph
Sammy Stanley | 17 May, 2018, 16:43

This is the third time the panel has deferred its decision on the matter.

He had also written to CJI Khehar, protesting how coffeetable meetings were being passed off as collegium meetings by him brushing aside norms.

Which means that even the recommendation of Justice Joseph's name gets delayed in the process.

Although the government had opposed Justice Joseph's name, it had not opposed the collegium's recommendation to elevate of senior advocate Indu Malhotra, who has, consequently, become a Supreme Court judge now. Members also deliberated on whether Justice Joseph would lose his seniority if his name was clubbed with the others.

The Collegium - also comprising Justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph - had unanimously recommended Justice Joseph as apex court judge in a resolution on January 10.

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Official sources said those high court judges who are in the race to be elevated to the apex court are Chief Justice of Madras High Court Indira Banerjee, who is originally from the Calcutta HC; Gujarat HC Chief Justice R Subhash Reddy, whose parent cadre is Telangana and Andhra Pradesh HC, and Karnataka High Court Chief Justice Dinesh Maheshwari, who is originally from Rajasthan HC.

At its last meeting on May 11, the Collegium had agreed in principle to reiterate its recommendation for elevating Justice Joseph as a judge of the apex court, nearly three weeks after it was returned by the Centre. The Centre had sent back Justice Joseph's name for reconsideration. Justice Malhotra is already functioning as a Supreme Court judge.

According to the sources, since Justice K.M. Joseph's name had already been "in principle" reiterated at the last meeting, not much of Wednesday's discussion revolved around him. The details of its recommendations were, however, not available as they were not uploaded on the Supreme Court website, as is the practice.

There are now seven vacancies in the Supreme Court, with two more vacancies likely to arise in the next two months, due to the retirement of Justices J. Chelameswar on June 22, and Justice Adarsh Kumar Goel, on July 6.

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