Justice KM Joseph elevation to apex court: ‘Surprising that SC judge indicates decision before Collegium meeting’
Justice Kurian Joseph’s suggestion that Collegium may send file back is distressing, says senior Govt functionary
A day after Justice Kurian Joseph said that the Supreme Court Collegium is likely to reiterate its recommendation to elevate Uttarakhand Chief Justice K M Joseph after the Government’s request for reconsideration, a top government functionary expressed “surprise” that a “possible decision” has already been taken before the Collegium meeting.
The Collegium is scheduled to meet on Wednesday.
“There is a well-established tradition that honourable judges don’t speak their mind on sensitive issues like judicial appointments. What’s further surprising is that if the possible decision has already been taken even before the meeting, then what is left to be considered? It is surprising that a senior judge and member of collegium is indicating that the collegium might have to reiterate its recommendations to elevate justice K M Joseph,” the government functionary told The Indian Express.
“This has never happened,” said the functionary, “a member of the collegium discussing whom to appoint and not to appoint…it is distressing.”
The functionary denied that the Government’s request to reconsider the case of Justice K M Joseph is because of his verdict against President’s rule in Uttarakhand. “This is for two obvious reasons. One, elections were held and a popular BJP government was elected in the state. And, secondly, the verdict of Justice K M Joseph was affirmed by Justice J S Khehar who also quashed the NJAC but was elevated as Chief Justice of India during the BJP government.”
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