Published: Thu, May 17, 2018
People | By Neil Grant

SC Collegium Again Defers Decision to Re-Recommend Justice KM Joseph

SC Collegium Again Defers Decision to Re-Recommend Justice KM Joseph

"The Chief Justice and other members of the Collegium have, in principle, unanimously agreed that the recommendation for appointment of Mr. Justice K.M. Joseph, Chief Justice, Uttarakhand High Court, as a judge of the Supreme Court should be reiterated", the signed resolution of the collegium said, at the end of a closed-door meeting that went on for over an hour.

This is the third time that the collegium has deferred its decision on Justice Joseph's elevation since the Centre rejected its recommendation last month noting that it would "not be fair and justified to other more senior, suitable and deserving Chief justices and senior Puisne Judges of various High Courts".

The Supreme Court Collegium, which met again yesterday to decide on the recommendations to the government on the promotion of come high court judges to the Supreme Court remained inconclusive. As a result, this delayed the proposal on appointment of Justice K M Joseph. On Wednesday, there was a detailed discussion in the collegium but sources said no unanimity was reached on names that could be recommended for appointment as SC judges.

The collegium comprises Chief Justice Dipak Misra and four other senior-most judges of the apex court - Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan Lokur and Justice Kurian Joseph.

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

Besides reiterating the elevation of Justice Joseph, the collegium has earlier recommended the elevation to the top court of Rajasthan High Court Chief Justice, Calcutta High Court Chief Justice and the Chief Justice of Telangana and Andhra Pradesh High Court. The Centre had sent back Justice Joseph's name for reconsideration.

Chelameswar, whose last working day, after a seven-year stint in the apex court, falls on May 18, was the lone judge on the bench to uphold the validity of the NJAC, arguing that entirely eliminating the government from selection process was against the country's democratic principles.

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