SC refuses to stay Indu Malhotra's elevation

The Supreme Court on Thursday refused to stay the warrant of appointment of Indu Malhotra as a Supreme Court judge.

Senior advocate Indira Jaising had prayed for a stay on Malhotra's elevation on the ground that Centre stalled the appointment of Uttarakahand Chief Justice KM Joseph.

The top court was hearing a mentioning by a group of Supreme Court Bar Association (SCBA) lawyers, with 100 signatures, seeking a stay on the non-elevation of Justice KM Joseph to the Supreme Court.

Jaising submitted to the Apex Court that the government is making pick and choose in selecting a judge, "We are only concerned with the independence of the judiciary."

The three-judge bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachu rejected the plea and told Jaising, "If you are aggrieved, then you can file a petition and we will hear it in due course of time."

The apex court bench observed it was "unimaginable, unthinkable, (and) inconceivable" that lawyers were filing a petition seeking a stay on the appointment of a member of the bar to the Supreme Court.