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SC Collegium Should Not Revisit Its Decisions Without "Very Strong Reasons": SCBA On January 10 Resolutions

Apoorva Mandhani
25 Jan 2019 2:16 PM GMT
SC Collegium Should Not Revisit Its Decisions Without Very Strong Reasons: SCBA On January 10 Resolutions

The Executive Committee of Supreme Court Bar Association (SCBA) has expressed its "serious concern" over Supreme Court Collegium's decision to revisit its December 12 resolution to elevate Justices Pradeep Nandrajog and Rajendra Menon to the Supreme Court.

The Collegium had, through its resolutions passed on January 10, instead recommended elevation of Justices Sanjiv Khanna and Dinesh Maheshwari to the Supreme Court. This was done superseding several senior high court judges and chief justices.
In a meeting held on January 22, SCBA now opined that the Collegium should revisit its decision only for "very strong reasons". It further asserted that the inter-se seniority of high court judges should not have been overlooked while making the recommendations.
It resolved "Decision taken by a Collegium of the Supreme Court ought not to be re-visited without there being very strong reasons. Further, the Executive Committee is also of the view that the inter-se-seniority of the High Court Judges, ordinarily should not have been ignored in the matter of their elevation to Supreme Court (sic)."
SCBA has also decided to take up the issue of elevation of SCBA members as high court judges with Chief Justice of India Ranjan Gogoi and other Supreme Court judges. Further, they have decided to discuss the issues with President of India Ram Nath Kovind, Prime Minister Narendra Modi and the Law Minister Ravi Shankar Prasad.

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