SC to reiterate name, but later

14 May, 2018, 00:09 | Author: Chad Mckenzie
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However, the Collegium also resolved that the said reiteration should 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 decision to convene Friday's meeting was taken late Thursday evening by the Chief Justice Misra.

The Collegium, in a resolution, said there was need for further discussion on the issue of sending the other names to the Centre and made a decision to meet again on May 16.

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In today's meeting, the agenda was same and besides Justice Jospeph, the Collegium deliberated on the names of some judges from Calcutta, Rajasthan and Telangana & Andhra Pradesh High Courts for elevation as apex court judges.

The elevation of Justice Joseph, who is presently the Chief Justice of Uttarakhand High Court, had run into rough weather after the Centre wrote to the Collegium on April 26 and April 30 to reconsider his name. Justice K M Joseph's name was recommended along with that of senior advocate Indu Malhotra by the collegium on January 10.

The Supreme Court Collegium meeting of Friday (May 11) threw up a solution of sorts, nearly exactly as India Legal had predicted. During his tenure as chief judge, the court undertook a number of measures to improve accessibility to the court and the effectiveness of court procedures. However, the agenda for Friday's meeting dropped the term "fair representation" and simply stated that the collegium was "to consider names of HC judges for elevation as judges of the SC". Prior to this, another Collegium member, Justice Kurian Joseph had openly backed the recommendation of the Collegium to elevate the Uttarakhand Chief Justice. In a strongly worded letter to CJI Misra, Justice Kurian Joseph said the "very life and existence" of the Supreme Court was under threat and "history will not pardon us", if the court doesn't respond to the government sitting on the recommendation.

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The executive remains cut up about Justice Joseph having cancelled President's rule imposed by the Centre on the state. But government sources denied this saying Justice J S Khehar who headed the Constitution bench which struck down the National Judicial Appointments Commission had gone on to become Chief Justice of India.

In fact, the ground for widening the ambit beyond the Uttarakhand high court CJ's name to include the names of others was set through the agenda prepared for the collegium meeting on May 2 where deliberations on reiteration of Justice K M Joseph's name were deferred.

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