A retired judge on Thursday moved the Supreme Court with a plea to set aside the “brazen” action of the government to segregate and return the apex court collegium’s recommendation to elevate Uttarakhand High Court Chief Justice K.M. Joseph to the Supreme Court.
The petition filed by G.D. Inamdar, a retired district judge from Maharashtra, said the government could not sit as an “appellate authority” over the Supreme Court collegium led by Chief Justice of India Dipak Misra. The government, in guise of re-consideration, has actually “vetoed” the collegium’s decision.
The petition, settled by senior advocate Kapil Sibal and filed by advocate Sunil Fernandes, asked the Supreme Court to take the issue up on the judicial side and pass an appropriate writ directing the government to “immediately act on the recommendation of the collegium and issue warrant of appointment of Justice K.M. Joseph as a judge of the Supreme Court with seniority as per the recommendation of the Collegium.”
The petition said the reasons given by the government to reject Justice Joseph were “mere excuses.”
