June 21, 2018:
Process for possible elevation of Uttarakhand HC Chief Justice K M Joseph as Supreme Court Judge will only get further delayed as Supreme Court Collegium, which had agreed in principle to reiterate his name to Centre, will undergo a change due to superannuation of Justice Jasti Chelameswar.
Supreme Court Collegium, comprising Chief Justice Dipak Misra and Justice Chelameswar, Justice Ranjan Gogoi, Justice M B Lokur and Justice Kurian Joseph, had on May 11 agreed in principle to reiterate its recommendation for elevating Justice Joseph as a Supreme Court Judge. However, it could not decide the date for pressing for his name to Centre.
Collegium on its next meeting on May 16 deferred the decision stating that,“There should be further deliberation and broad-based consideration of names of Chief Justices as well as Judges of HC's which are at present not represented in Supreme Court.”
Now with the superannuation of Justice Chelameswar due on June 22, Justice A K Sikri, who is number six in seniority at the moment, will become part of Five-member Collegium, necessitating the need of afresh reconsideration and decision to reiterate Justice Joseph’s name back to the Centre.
Centre on April 26 had returned Justice Joseph’s file back to Collegium for it to re-consider the recommendation on the grounds including that the proposal was not in accordance with the top court’s parameters and there was adequate representation of his native state Kerala in the apex court.
Government had questioned Justice Joseph’s seniority among High Court judges while returning the file.
Supreme Court Collegium met thrice on May 2, 11 and 16 and but could not send its recommendation back to Centre despite agreeing on it in principle.
After Justice Chelameswar, CJI Dipak Misra will be retiring on October 2, he will be followed by Justice Kurian Joseph and Justice Lokur who will retire in November and December respectively.
Source HT
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