New Delhi: There are some Judges who are completely unhappy with the government alter the seniority of Justice KM Joseph, who elevation to the Supreme Court has been cleared after much back-and-forth in the past eight months.The judges, including three from the Supreme Court collegium or panel that recommends appointments, may have take it up with Chief Justice of India Dipak Misra at the customary morning tea before hearing. According to Government sources have justified the order that places justice Joseph last among the three judges to be sworn.
The facts you must know:
- Unidentified Supreme court Judge said “It is blatant interference by the government. Justice Joseph’s name was sent first and reiterated by the collegium and his name should have been first in the appointment notification, But his name is the third, making junior to the other two judges.”
- According to sources it also pointed out that in the all- India seniority list of judges, Justice Banerjee is at number 1, Justice Sharan at 3 and Justice Joseph places 39
- The Supreme court named Justice Joseph for elevation in January, but the government sent back his file questioning the choice and pointing to inadequate representation in the top court from other states, especially Kerala. As the collegium reasserted its choice of Justice Joseph, the government was forced to accept it.
- The government denies opposition allegations that its objections were killed to Justice Joseph’s order in 2016 scrapping President’s Rule in Uttarakhand, which helped restore the Congress’s government.
- A controversy also involved Chief Justice Misra, and retired Justice Jasti Chelameshwar, who criticism him publicly in press conference at his home. Justice Mishra become a high court more than a year before Justice Chelameswar but was appointed High Court Chief Justice after him.