The Union Law Ministry has turned down the elevation of the former Solicitor-General of India, Gopal Subramanium, as a judge of the Supreme Court while clearing the names of three others.
According to highly placed sources in the Ministry, the name of Mr. Subramanium has been returned to the Supreme Court collegium for reconsideration.
The file containing the names of senior advocate Rohinton Nariman and the Chief Justices of the Calcutta and Orissa High Courts, Arun Mishra and Adarsh Kumar Goel, respectively has been approved by the Law Ministry and the Prime Minister’s Office and sent to Rashtrapati Bhavan. President Pranab Mukherjee is expected to give his nod for their appointment within a week.
Under the Memorandum of Procedure, once the government returns the file to the Supreme Court, it is open for the collegium to accept or reject the government’s stand. If the collegium reiterates the recommendation of Mr. Subramanium, the government is bound to accept his elevation. In the first week of May, the Supreme Court collegium headed by Chief Justice of India R.M. Lodha had recommended four names for appointment as Supreme Court judges.
As an amicus curiae in the Sohrabuddin fake encounter case, Mr. Subramanium targeted the Narendra Modi government in Gujarat with new facts and was instrumental in the apex court ordering a CBI probe into the case. He was also the amicus curiae in the Sree Padmanabhaswamy temple case.
