Justice Kurian Joseph has written a letter to Chief Justice of India Dipak Misra expressing grave concerns on the Union government’s alleged inaction on Supreme Court’s recommendation to elevate a judge and a senior advocate to the apex court.
In his letter, Joseph wrote that the “very life and existence” of the Supreme Court is under threat and “history will not pardon us,” if the court doesn’t respond to the government’s act of sitting on the collegium’s February recommendation to elevate senior advocate Indu Malhotra and Justice K M Joseph, Chief Justice of Uttarakhand High Court, as judges of the Supreme Court.
Making a strong appeal, Joseph made the argument that “it is the first time in the history of this court where nothing is known as to what has happened to a recommendation after three months.”
The top court justice, who was a part of four judges who addressed a press conference in the month of February, has urged CJI Misra to establish a bench of seven seniormost judges to take suo moto cognizance of the matter.
As per an India Express report, if this demand is accepted by the CJI, it would effectively mean an open court hearing by seven seniormost judges of the Supreme Court. The seven justices could pass orders asking the government to decide on the pending recommendations of the collegium.
The report says that the bench could even ask the central to issue the warrants for appointments of the judges within a stipulated time frame, and if the government fails, it would make the government liable for contempt of court.
Joseph, using strong vocabulary, warned the CJI that the dignity, honour and respect of Supreme Court is going down day by day since “we are not able to take the recommendations for appointment to this Court to their logical conclusion within the normally expected times”.
Justice Joseph is a collegium member who retires in November this year.