Justice Chelameswar to skip Supreme Court Bar Association's customary farewell

Just-Ice Jasti Chelameswar includes written to Chief Justice of India Dipak Misra saying that the collection of high five judges needs to match so on and have a firm stand to emphasise their decision to lift Justice KM Joseph soon after the government shipped his title back.

An apex court official said the Chief Justice of India Dipak Misra will fix the date but as of now there is no official word on it.

The Supreme Court Collegium recommending the elevation of Justice Joseph had said: "The collegium considers that at present Justice K.M. Joseph, who hails from Kerala High Court and is now functioning as Chief Justice of Uttarakhand High Court, is 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".

Chelameswar also mentioned about last Wednesday's collegium meeting, which deferred a decision, and emphasised on the need to protect the independence of the judiciary, a Supreme Court source said. The judge who replaced him had cleared Amit Shah in the case days later.

A clarification application was moved in this regard but the Bench declined to entertain it. Justice Chelameswar was the lone voice against the collegium system. This week too, when Justice Chelameswar was faced with a petition by two Congress MPs challenging the order of Rajya Sabha Chairman dismissing the removal motion brought by 64 MPs against CJI, he asked the petitioners to come the next day.

Last time, in addition to Justice K M Joseph, another aspect twinned with the agenda was, "to consider the names of Judges from Calcutta, Rajasthan, and Telangana & Andhra Pradesh High Courts for elevation as Judges of the Supreme Court, in view of the concept of fair representation".

Justice Joseph's name for elevation to top court was recommended by the collegium at its January 10 meeting.

Sibal insisted on the order in order to see if it could be challenged as constitution benches, such as the five-judge one, are usually not formed through administrative orders - the route assumed to have been taken on Monday evening.

  • Rogelio Becker