New Delhi: A retired district judge from Maharashtra on Thursday moved the Supreme Court against the government rejecting the collegium’s recommendation to elevate Uttarakhand high court chief justice K.M. Joseph to the Supreme Court.
Clarifying that the petition does not dispute the elevation of Indu Malhotra to the apex court as per the collegium recommendation, it states that the government “cannot pick and choose names of judges from the recommendations of the collegium” in a “unilateral” manner by “capriciously segregating” and “rejecting” the name of Justice Joseph.
The petition further prays for a direction prohibiting such “suo-moto” segregation in the list of names recommended by the collegium for elevation to the Supreme Court.
On 26 April, the government rejected the collegium’s recommendation to elevate Joseph but accepted its recommendation to elevate senior advocate Malhotra as a judge of the apex court.
“The proposed appointment of Justice K.M. Joseph as a judge of the Supreme Court at this stage does not appear to be appropriate. It would also not be fair and justified to other more senior, suitable and deserving chief justices and senior puisne judges of various high courts,” the government had said.
The issue of whether to accept the government line or to return its recommendation on Joseph is still pending before the five-judge collegium— consisting of the Supreme Court Chief Justice Dipak Misra and four of its senior-most judges namely, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph.
The petition is yet to be listed before the Supreme Court.