The government does not maintain any record of supersession in elevation of judges to the Supreme Court or as Chief Justices of High Courts.
In a reply to an RTI activist, who wanted to know whether seniority was overlooked in the recommendation to elevate Chief Justice of the Allahabad High Court Chandramouli Kumar Prasad, the Law Ministry said no record of such information was maintained and therefore data could not be furnished.
The application by Subash Chandra Agrawal, filed in December last sought a host of details: Is it correct that the name of Justice Prasad was recommended to the Rashtrapati Bhavan for being appointed Supreme Court judge? If yes, clarifications sought by the President before clearing his name.
Are there any submissions/representations received by the President/Union government against clearing the elevation of Justice Prasad? If yes, please provide copies of such submissions/representations. Has any representation/submission been received against superseding Justice Gyan Sudha Misra for being a judge at the Supreme Court? If yes, please provide a copy of the submission/representation against superseding Justice Gyan Sudha Misra for being a judge at the Supreme Court; Names of other recommendations received at the Rashtrapati Bhavan together with that of Mr. Justice Swatanter Kumar for elevation as judge/s at the Supreme Court and details of Chief Justices of High Courts where representations/submissions were received against their superseding as judges of Supreme Court.” Following the evasive reply he received from the Law Ministry, Mr. Agrawal has filed an appeal to the President’s Secretariat seeking the same information.
