After Chelameswar letter, CJI finally calls collegium meeting to reiterate Justice K.M. Joseph’s name

Meeting fixed after Justice Chelameswar sent another letter to CJI Misra to call a meeting to reiterate the name sent back by Modi government

New Delhi: Chief Justice of India Dipak Misra has called a meeting of the Supreme Court collegium on Friday – a day after Justice Jasti Chelameswar, the second most senior judge and a member of the collegium, wrote another letter to him asking him to call a meeting of the collegium at the earliest to reiterate the name of Uttarakhand High Court chief justice K.M. Joseph.

Sources told The Print, the meeting of the collegium will discuss the issue of reiterating  Joseph’s name for elevation to the SC.

While more than two weeks have passed since the Narendra Modi government returned the name of Joseph for “reconsideration” — while clearing the appointment of the second recommendation, Indu Malhotra — the collegium had not taken a call on sending it back to the government.

Chelameswar wrote to the CJI Wednesday, insisting that the collegium must reiterate its recommendation to elevate Joseph to the Supreme Court, and send the file back to the Centre at the earliest.

Although Chelameswar officially retires on 22 June, the day the Supreme Court breaks for summer – 18 May – will be his last working day.

No meeting

In his letter, Chelameswar referred to the collegium meeting held on 2 May, when it decided to defer reconsidering the elevation of Joseph, following letters dated 26 and 30 April received from the law ministry.

The official collegium meeting did not take place on 9 May, but three members of the collegium – justices Ranjan Gogoi, Kurian Joseph and Madan B. Lokur — unofficially met CJI Misra in his chambers after working hours, where they expressed their reservation at the delay in reiterating Joseph’s name for elevation. Chelameswar was on leave on that day.

However, Chelameswar, who virtually led the senior judges’ “revolt” against the CJI, seems to have decided against dealing with controversial matters.

When senior advocate Kapil Sibal approached his bench to mention the matter of the Vice-President’s rejection of the motion for impeachment against CJI Misra, Chelameswar gave the impression he was trying to avoid a decision, suggesting that he was leaving soon.

Read more about CJI Misra’s controversial tenure here.