Justice Joseph's elevation not linked with his U'khand ruling: Law Min

May 02, 2018 18:52

The government today rejected suggestions that it turned down the elevation of Uttarakhand high court Chief Justice K M Joseph to the Supreme Court as he had once overturned the imposition of President's Rule in the state.

Law Minister Ravi Shankar Prasad also said that it has the right to seek reconsideration of proposals sent by the Supreme Court collegium as the power flows from three apex court judgements.

The government had on April 26 asked the Supreme Court collegium to reconsider its recommendation to elevate Justice Joseph to the apex court, saying the elevation may not be "appropriate".

In a letter to Chief Justice of India Dipak Misra, Prasad had said the government's rejection of Justice Joseph's name has approval of the President and the Prime Minister and also flagged that the SCs/STs have no representation in the Supreme Court since long.

"The proposed appointment of .... Joseph as a judge of the Supreme Court at this stage does not appear to be appropriate," Prasad had said in the letter. "It would also not be fair and justified to other more senior, suitable and deserving chief justices" and senior judges of various high courts.

Responding to questions on the decision to stall Justice Joseph's appointment to the top court, Prasad said that "sponsored allegations" are being levelled against the government by "the Congress party in particular and others in general" that Joseph's appointment was stalled due to his Uttarakhand President's Rule verdict.

"I wish to deny with all authority at my command. It has nothing to do with that at all," he told reporters.

He said there are two "obvious reasons" to support his stand.

"A proper government with 3/4th majority has been elected in Uttarakhand. Second that order (of Justice Joseph) was confirmed by Justice J S Khehar of the Supreme Court, who had also set aside the National Judicial Appointments Commission Act, yet he became the CJI in the NDA government ... I deny these insinuations," the minister said. -- PTI

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