Thursday, April 26, 2018

Indu Malhotra officially appointed judge of the Supreme Court of India

Indu Malhotra officially appointed judge of the Supreme Court of India
Senior Advocate Indu Malhotra officially appointed judge of the Supreme Court of India after the apex court refused to stay her appointment. The court termed as "unimaginable", "unconscionable" and "never heard of" the plea of Indira Jaising that appointment of Malhotra as judge be stayed. Jaising had said that she was worried about the independence of the judiciary. CJI Dipak Misra said that if the Centre has segregated the recommendation and sent one of the names for reconsideration then they are within their right. Over 100 SC lawyers moved a plea seeking that Uttarakhand HC CJ K M Joseph and Malhotra be simultaneously be made apex court judges.
On January 22, the apex court collegium's file recommending the elevation of Justice Joseph and Malhotra reached the Law Ministry. After processing the file in the first week of February, the recommendations were kept in abeyance as the government wanted to elevate only Malhotra. But now, the government has went ahead with the appointment of Malhotra and kept on hold the elevation of Justice Joseph. The government feels that while recommending the name of Justice Joseph, the collegium has disregarded seniority and regional representation.He is 42nd in the seniority list of 669 high court judges.Law Minister Ravi Shankar Prasad would now write to Chief Justice of India Dipak Misra about its decision to appoint only Malhotra, the sources added.
he Congress today said that the independence of the judiciary "is in danger" and asked if it would now speak in one voice to state "enough is enough". The party's sharp reaction came after the government returned to the Supreme Court collegium its recommendation to elevate Justice K M Joseph to the apex court and asked it to reconsider it.
"Indian judiciary is in danger. And if our judiciary is not united to protect its independence then democracy is in danger.... they want to pack High Courts with their won people," senior Congress leader Kapil Sibal told reporters.
Sibal said that there are 410 vacancies of judges across the country out of the total approved strength of 1079 judges. "We want to know as to who will stand for judicial independence. Will the judiciary speak in one voice that enough is enough," he said.
The Supreme Court Bar Association on Thursday said the government has meddled with the functioning of the judiciary by appointing senior advocate Indu Malhotra as a Supreme Court judge.However, at the same time, the lawyers' body said Malhotra will prove to be a great judge."Indu Malhotra is a fine lawyer and she will prove to be a great judge. I have a huge reservation at the attitude of the government, there is no way by which they should not have cleared Justice KM Joseph's name," SCBA chief advocate Vikas Singh told ANI.
Singh also said the matter should be taken up with the government very strongly. "By making one appointment and not making another, the government has interfered in the functioning of the judiciary. This is a very serious matter and should be taken up with the government very strongly," he added. Malhotra will be the first woman SC judge to be appointed to the post directly from the bar.The government has decided to put on hold the elevation of Justice KM Joseph, who heads the Uttarakhand High Court.
The government today asked the Supreme Court collegium to reconsider its recommendation for elevating Justice KM Joseph to the apex court, sources said today. The government said it wanted an objective view on Justice Joseph's elevation. This comes a day after the government cleared the appointment of senior advocate Indu Malhotra as a judge of the Supreme Court and kept in abeyance a decision on Joseph, who heads the Uttarakhand High Court. Both the names were recommended by the collegium earlier this year. The government's decision of not approving Joseph's name has evoked sharp reactions with the Supreme Court Bar Association President terming it as "disturbing".
The Supreme Court Bar Association on Thursday said the government has meddled with the functioning of the judiciary by appointing senior advocate Indu Malhotra as a Supreme Court judge.However, at the same time, the lawyers' body said Malhotra will prove to be a great judge. "Indu Malhotra is a fine lawyer and she will prove to be a great judge. I have a huge reservation at the attitude of the government, there is no way by which they should not have cleared Justice KM Joseph's name," SCBA chief advocate Vikas Singh told ANI. Singh also said the matter should be taken up with the government very strongly. "By making one appointment and not making another, the government has interfered in the functioning of the judiciary. This is a very serious matter and should be taken up with the government very strongly," he added.
Malhotra will be the first woman SC judge to be appointed to the post directly from the bar.The government has decided to put on hold the elevation of Justice KM Joseph, who heads the Uttarakhand High Court.
-- ANI

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