SC Collegium Likely To Reiterate Recommendation For Justice K.M. Joseph's Elevation: Justice Kurian Joseph
The Supreme Court collegium is likely to reiterate its recommendation to elevate Chief Justice of Uttarakhand High Court, Justice K.M. Joseph to the Supreme Court.
"The Collegium might have to reiterate its recommendation furnishing facts and figures, and citing precedent, which have not been put in perspective by the Government when it returned his name," Justice Kurian Joseph told the Indian Express.
Justice Joseph's appointment has been in the pipeline for quite some time now. As Chief Justice of Uttarakhand High Court, Justice Joseph had pronounced a judgment quashing the President’s rule imposed in the State of Uttarakhand. The Collegium had then, in May, 2016, recommended his transfer from Uttarakhand High Court to the High Court of Andhra Pradesh & Telangana. However, this hasn't materialized yet. Thereafter, last year in February, Justice Chelameswar had also questioned Justice K.M. Joseph's exclusion from the recommendations for elevation to the Apex Court.
While recommending Justice Joseph in January, the resolution signed by Chief Justice of India Dipak Misra, Justice J. Chelameswar, Justice Ranjan Gogoi, Justice M.B. Lokur and Justice Kurian Joseph had stated that they found Justice K.M. Joseph to be "more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India".
The resolution had, in fact, specifically mentioned that the decision was being taken after considering the combined seniority of Chief Justices and senior puisne Judges of High Courts, apart from their merit and integrity.
Nevertheless, the Centre rejected the recommendation last week, noting that it would "not be fair and justified to other more senior, suitable and deserving Chief Justices and senior Puisne Judges of various High Courts."
Several jurists, former Judges and Advocates have stepped forth since then, calling out the Centre for the move, and demanding reiteration of the recommendation by the Collegium.