Govt within rights to seek reconsideration of judges’ appointment: Supreme Court

The Supreme Court on Thursday rejected a plea to hold back the appointment of senior advocate Indu Malhotra as a judge of the court because the government the name of KM Joseph, Chief Justice of Uttarkhand, as a judge of the apex court.

A bench led by Chief Justice of India Dipak Misra, while responding to lawyers who wanted a stay on Malhotra’s warrant of appointment, said the government is within its right to send back a name for reconsideration. “We (the Supreme Court collegium) will deal with it in accordance with Supreme Court judgments and constitution,” said the court.

“If 35 names are recommended by collegium for appointment to a High Court and government clears 30 and sends back five, then can all appointments be stalled just because all names have not been cleared” said Chief Justice Misra.

“If the government is cherry picking, then it’s a serious issue which requires to be dealt with seriously,” he said.

“Supposing the government is sending it [Justice K M Joseph’s elevation as Supreme Court judge] for reconsideration, it will be seen. You are saying ‘stay the warrant.’ It is unthinkable, unconscionable, unimaginable and if I may add ‘never heard before’,” PTI quoted Chief Justice Misra as saying about the plea submitted by senior advocate Indira Jaising.

Jaising said the government is stalling Justice Joseph’s appointment as a judge of the Supreme Court because as Chief Justice of Uttarakhand High Court he had quashed imposition of President’s rule in Uttrakhand.