Business Standard

Collegium sticks to Justice Joseph as SC judge

IANS  |  New Delhi 

The collegium on Friday took an in principle decision to reiterate its recommendation for the elevation of to the top court.

The collegium decided it will resend its January 10 "unanimous" recommendation for Justice Joseph's elevation, along with other names from Calcutta, Rajasthan, and Telangana and Andhra Pradesh High Courts that would be decided at its meeting on May 16.

The collegium, comprising Dipak Misra, Justice J. Chelameswar, Justice Ranjan Gogoi, Justice and Justice Kurian Joseph, took the decision at a meeting here.

"The and other members of the collegium have, on principle, unanimously agreed that the recommendation for appointment of Justice (previously Kerala High Court) as a of the should be reiterated," the collegium said.

However, it added that the said "reiteration should also be accompanied by the recommendation of the names of Chief Justices of High Courts for elevation as judges of the Supreme Court, for which detailed discussion is required".

The next meeting will be held at 4.15 p.m. on Wednesday.

Though the reiteration of the recommendation is binding on the government, it may not happen soon as there is no time frame for the to act on it.

The collegium decided to reiterate Justice Joseph's elevation to the top court after the Central on April 26 returned the recommendation, saying that he stood at number 42 of the all judges seniority and there were 11 Chief Justices of the High Courts senior to him.

The also said that the Kerala being a relatively small court with a sanctioned strength of 42 judges was a parent for Justice Kurian Joseph, the Chief Justices of three High Courts -- Justice himself (Uttarakhand), Justice and Justice

There is a perception that the government was standing in the way of the elevation of Justice Joseph because of his judgment in 2016 striking down the Central government's decision to impose President's rule in Uttarakhand, but has denied this.

The top court collegium, unanimously recommending the elevation of Justice Joseph on January 10, said: "The collegium considers that at present Justice K.M. Joseph is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the "



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First Published: Fri, May 11 2018. 23:20 IST