Govt sits on proposals, history won't pardon us if we do not respond: Justice Kurian Joseph to CJI Dipak Misra

April 12:The "very life and existence" of the Supreme Court is under threat and "history will not pardon us," if the court doesn't respond to the government's unprecedented act of sitting on the collegium's recommendation to elevate a judge and a senior advocate to the apex court, Justice Kurian Joseph has written to Chief Justice of India Dipak Misra.
He was referring to the collegium's decision in February to recommend the names of senior advocate Indu Malhotra and Justice K M Joseph, Chief Justice of Uttarakhand High Court, for appointment as judges of the Supreme Court.
In a strongly worded appeal, Justice Kurian Joseph said that "it is the first time in the history of this court where nothing is known as to what has happened to a recommendation after three months." He urged the CJI to establish a bench of seven seniormost judges to suo motu take up the matter of the government sitting on the two names.
If this demand is accepted, it would, effectively, mean an open court hearing by seven seniormost judges of the Supreme Court who could pass orders asking the government to decide on the pending recommendations of the Collegium. They could even ask the government to issue the warrants for appointments of the judges within a stipulated time frame and failure to do so would make the government liable for contempt of court.
Justice Kurian Joseph demanded urgent intervention from the CJI, stating that "if there is no normal delivery on completion of the gestation period, what is urgently done is a CaesarEan section. Unless such a surgical intervention is made at an appropriate time, the child in the womb dies."
A member of the collegium for recommending names for elevation to the Supreme Court, Justice Joseph, who retires in November this year, warned that "the dignity, honour and respect of this institution is going down day by day since we are not able to take the recommendations for appointment to this Court to their logical conclusion within the normally expected times".
In his letter, a copy of which has been sent to the other 22 Supreme Court judges, Justice Kurian Joseph wrote that "government owes a duty to take a call on the recommendation as soon as the same is sent from the Collegium. Failure to discharge their duty by sitting over on the recommendations of the Collegium doing nothing, in administrative law, is abuse of power."
Serving a warning about the independence of the judiciary from the Executive, Justice Joseph - who is a member of the collegium - wrote that "more than anything else, it sends a wrong message which is loud and clear to all Judges down the line not to cause any displeasure to the Executive lest they should suffer. Is this not a threat to the independence of the judiciary?"
It is believed that the Central government is sitting on the name of Justice K M Joseph who had ruled in April 2016 against the Centre in the case of imposing President's Rule in Uttarakhand.
As reported, the Law Ministry had sought legal opinion to issue the warrant of appointment only for Indu Malhotra while keeping Justice K M Joseph's case pending but was advised against it. Agencies
Source: Agencies


  
  

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