MoP final for Supreme Court: former SC judge Kurian Joseph

Former Supreme Court judge Kurian Joseph on Friday said the Memorandum of Procedure (MoP), which guides appointments and transfers in higher judiciary, was final as far as the top court is concerned and the collegium has been working in accordance with the draft.

His remarks came despite the government maintaining that the MoP is a work in progress and is being finalised in consultation with the apex court.

"As far as the Supreme Court is concerned, it (MoP) is final, as far as the government is concerned it is not final," Joseph, who retired on Thursday, told reporters in reply to queries on the finalisation of the document, which has been a bone of contention between the government and the apex court.

He was part of the controversial January 12 press conference in which now Chief Justice of India Ranjan Gogoi, Justice Lokur and former judge Justice J Chelameswar had raised serious questions over various issues including allocation of cases in the top court.

Asked whether the collegium was working in accordance with MoP as mandated by National Judicial Appointment Commission (NJAC) verdict of 2015, Joseph replied, "See, it is very interesting. As far as MoP is concerned the Supreme Court's view is that it is final because it has been approved.

"The government keeps on saying that it is not final because they are awaiting something from the Supreme Court."
In response to a query on differences between the Centre and the Supreme Court besides the aspect of national security over finalisation of MoP, he said, "To me, I had tried to understand why the area of differences is not finalised yet because the government kept on saying on the floor of Parliament that the MoP is not final."