Government returns another SC collegium’s judge proposal

The CJI had publicly expressed his disapproval and said the government’s decision was “not proper”.

Written by Maneesh Chhibber | New Delhi | Published:July 15, 2014 2:36 am
Sources in the Law Ministry said Prasad discussed the matter with Prime Minister Narendra Modi before deciding to refer it back to the CJI for reconsideration by the collegium. Express photo: Dipantar Borah Sources in the Law Ministry said Prasad discussed the matter with Prime Minister Narendra Modi before deciding to refer it back to the CJI for reconsideration by the collegium. Express photo: Dipantar Borah

The government has asked the Supreme Court collegium to reconsider its recommendation on the appointment of Karnataka High Court judge K L Manjunath as Chief Justice of Punjab and Haryana High Court.

Sources said Law Minister Ravi Shankar Prasad took the decision in view of a strongly-worded adverse note written by a senior Supreme Court judge, questioning the move to elevate Manjunath, the seniormost judge of the Karnataka High Court.

The senior SC judge, who was consulted by Chief Justice of India R M Lodha before the collegium meeting, sent a detailed note listing the reasons why he opposed the move. However, while recommending Manjunath’s appointment, the collegium reportedly ignored this adverse note without citing any reasons.

Sources in the Law Ministry said Prasad discussed the matter with Prime Minister Narendra Modi before deciding to refer it back to the CJI for reconsideration by the collegium.

The other names recommended  by the collegium, including the transfer of current Punjab and Haryana HC Chief Justice Sanjay Kishen Kaul to Madras High Court, are being processed and a formal notification is expected soon.

This is the second time that the NDA government has sent back a recommendation made by the collegium. Earlier, the government had “unilaterally segregated” former Solicitor General Gopal Subramanium from the panel of four names recommended for appointment as Supreme Court judges by the collegium.

The CJI had publicly expressed his disapproval and said the government’s decision was “not proper”. \He had also written to Prasad and said the government should not adopt such “unilateral segregation” in the future.
The Law Minister could not be contacted despite many attempts.

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  1. t
    truth_i_speak
    Jul 15, 2014 at 11:10 am
    I support Govt decision!
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    1. S
      Sane
      Jul 15, 2014 at 3:09 am
      And when considering these judges for Supreme Court it is very important to consider judges who will protect the innocent unlike the current set of judges at the Supreme court now.The current supreme court just protects terrorists, rapists and murderers. Time to change the mix so were don't have criminal sympathizers running the highest court in the land.
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      1. B
        Bln Murthy
        Jul 15, 2014 at 7:22 am
        The deliberations of the collegium before they arrived at the decision should be recorded for transparency. When another SC judge , who may not be part of the collegium , objects in writing , it means there are issues to be considered. The collegium can not claim to be above all control and supervision.
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        1. R
          Raj
          Jul 15, 2014 at 7:23 am
          If a BJP leaning judge raised "serious" objections, would that be enough to reject a judge's appointment? In this way, they will get adverse report written just as in the case of IB and fill the judiciary with their favourites. What sort of justice can one expect in such a situation when Govt matters are to be decided?
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