The court termed as "unimaginable", "unconscionable" and "never heard of" the plea of Indira Jaising that appointment of Malhotra as judge be stayed. Jaising had said that she was worried about the independence of the judiciary.
CJI Dipak Misra said that if the Centre has segregated the recommendation and sent one of the names for reconsideration then they are within their right.
Over 100 SC lawyers moved a plea seeking that Uttarakhand HC CJ K M Joseph and Malhotra be simultaneously be made apex court judges.
On January 22, the apex court collegium's file recommending the elevation of Justice Joseph and Malhotra reached the Law Ministry.
After processing the file in the first week of February, the recommendations were kept in abeyance as the government wanted to elevate only Malhotra.
But now, the government has went ahead with the appointment of Malhotra and kept on hold the elevation of Justice Joseph.
The government feels that while recommending the name of Justice Joseph, the collegium has disregarded seniority and regional representation.
He is 42nd in the seniority list of 669 high court judges.
Law Minister Ravi Shankar Prasad would now write to Chief Justice of India Dipak Misra about its decision to appoint only Malhotra, the sources added.
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