Sunday, January 29, 2023

Two members of Collegium send their objection to letter by CJI for appointment of new Supreme Court judges

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Two members of the Supreme Court Collegium have sent an objection to the letter sent by Chief Justice of India UU Lalit where he has asked for their consent to appoint four judges to the apex court.

The Chief Justice Of India UU Lalit had in an unprecedented move written a letter to his fellow judges in the collegium for asking their consent on appointment of new judges to the Supreme Court.

The following names were recommended for elevation in the letter:

  • Justice Ravi Shankar Jha (Chief Justice of Punjab & Haryana High Court)
  • Justice Sanjay Karol (Chief Justice of Patna High Court)
  • Justice PV Sanjay Kumar (Chief Justice of Manipur High Court)
  • Senior Advocate KV Viswanathan

Usually the Collegium holds physical meetings for discussing names for elevation, where the  consensus of the five judges is sought.

As per the latest reports, two judges have taken objection to the unprecedented nature of this “letter by circulation,” but there is no news that they are against the candidates who have been recommended, “since (Collegium) deliberations are involved” before recommending elevations.

A source informed that the letter was sent to all collegium judges by the CJI on October 1, of which two refused for the consent.

The Court sources state that the 2 judges denied the consent as this was an unprecedented act. There are reasons, merits and demerits why a judge is not elevated and putting them in writing is not proper. We also declined as a matter of process. Deliberative process cannot be compromised.

The Collegium was supposed to have a meeting on September 30 for confirming the names, to be recommended for appointment to the Supreme Court.The meeting was not held as the Second senior most judge and the coming CJI designate  Justice DY Chandrachud, was extremely busy in holding Court till very late on the stipulated date. 

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