Supersession issue was discussed at January 10 Collegium meeting: Sources

The issue of supersession of three judges while deciding on elevation of Delhi High Court judges to the Supreme Court had come up at the meeting of the Collegium before it took the decision on January 10, according to sources privy to the discussions.

The Collegium, at the meeting, had decided to elevate Justices Dinesh Maheshwari and Sanjiv Khanna to the Supreme Court.

This decision has triggered a controversy, with former Chief Justice of India R M Lodha and a former Delhi High Court judge questioning the reasons for supersession.

"The issue of supersession of the High Court judges came up for discussion during the Collegium meeting where members raised points over it," sources told ANI.

However, after a discussion, the members approved the resolution recommending the elevation of Justices Maheshwari and Khanna, they added.

The decision has been mired in a controversy.

Former Chief Justice of India (CJI) RM Lodha on Wednesday said that he was surprised to know that a junior judge was recommended for elevation to the Supreme Court, superseding senior judges.

"What I always feel is that the Collegium should act in a transparent manner, and reasons must be forthcoming why the decision was an upturn. There must be transparency," he said.

Justice Kailash Gambhir, a former judge of Delhi High Court, has written to President Ram Nath Kovind to protest against the Collegium decision.

Gambhir told ANI on Wednesday that the decision to supersede three seniors was an "earth-shaking" move which will send a "wrong signal".