Not Taking Revenge of Justice Joseph's 2016 Uttarakhand Order: Prasad
03 May, 2018, 15:58 | Author: Tina Rodriquez
While Malhotra was elevated to be Justice Malhotra, Justice Joseph was not appointed to the Supreme Court.
All the five judges, including Chief Justice Dipak Misra and Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, took part in the meeting held a little while after normal business of the court ended at 4 pm.
THE Central Government's action in sending the file of Justice K M Joseph back to SC Collegium for reconsideration had "nothing to do with his order quashing the President's Rule in Uttarakhand", Law Minister Ravi Shankar Prasad said on Wednesday. "Deferred", the resolution said. He further added that the government has the right to seek reconsideration of the names proposed for election to the apex court granted to the government by the Supreme Court judgments itself.
The Kerala High Court is the parent High Court of Justice Joseph, who is ranked number 45 in the inter-seniority among judges on all-India basis.
In addition to Justice Joseph's name, the Collegium also considered names of Judges from Calcutta, Rajasthan, and Telangana and Andhra Pradesh High Courts for elevation as Judges of the Supreme Court, in keeping with the Centre's assertion to have fair representation of all regions in the top court.
Indu Malhotra was sworn in last week.
Union Law Minister Ravi Shankar Prasad on Wednesday reiterated that the government isn't turning down the Uttarakhand Chief Justice K M Joseph elevation to the Supreme Court because of his 2016 Uttarakhand order.
Members of the collegium, which comprises the five senior-most Supreme Court judges and decides on appointments to the higher judiciary, then deferred the decision on the elevation of Justice Joseph.
The government had said that the proposal for his name was not in accordance with the top courts parameters and there was adequate representation of Kerala in the higher judiciary from where he hails.
Three of the others said they needed time to respond to other names proposed by the CJI and also to decide if a consolidated list of the four names should be sent to the government or just the name of Justice Joseph.
Justice Joseph will turn 60 this June and has another two more years as Chief Justice of High Court.
The Centre's rejection of Justice KM Joseph's name triggered a huge outcry with several legal luminaries alleging that this was a payback by the Centre for the judgement by Justice Joseph, striking down Presidential Rule in the State of Uttarakhand High Court. "There was no question of anyone agreeing or disagreeing on any particular name as no names were discusssed", said a senior source.
Justice Joseph's name for elevation to top court was recommended by the collegium at its January 10 meeting.
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