{"id":54908,"date":"2019-01-17T15:47:21","date_gmt":"2019-01-17T10:17:21","guid":{"rendered":"https:\/\/apnlive.com\/?p=54908"},"modified":"2019-01-17T16:01:02","modified_gmt":"2019-01-17T10:31:02","slug":"ignoring-row-move-modi-govt-appoints-two-judges-supreme-court","status":"publish","type":"post","link":"https:\/\/apnlive.com\/india-news\/ignoring-row-move-modi-govt-appoints-two-judges-supreme-court\/","title":{"rendered":"Ignoring row over the move, Modi Govt appoints two judges to Supreme Court"},"content":{"rendered":"

As criticism from various sections, including judges and the Bar Council of India (BCI)<\/a>, mounted over Supreme Court Collegium\u2019s recommendation for their appointment, with the BCI even threatening nationwide protests on the issue, Narendra Modi government moved swiftly to notify the elevation of Karnataka High Court Chief Justice Dinesh Maheshwari and Delhi High Court judge, Justice Sanjiv Khanna, as Supreme Court judges.<\/p>\n

Their swearing-in ceremony is likely to take place by the end of this week. The two appointments will take the strength of the top court to 28, with three vacancies.<\/p>\n

Controversy rages over the Supreme Court Collegium<\/a>\u2019s recommendation of Justice Khanna on January 10, 2019.<\/p>\n

The Collegium led by Chief Justice of India Ranjan Gogoi unanimously recommended Justice Khanna\u2019s name along with Justice Maheshwari’s on January 10, despite objections raised by sitting apex court judge, Justice Sanjay Kishan Kaul.<\/p>\n

Justice Kaul had written a note to Justice Gogoi and fellow judges in the collegium \u2014 Justices AK Sikri, SA Bobde, NV Ramana and Arun Mishra \u2014 about how Justice Khanna\u2019s elevation would be ignoring the seniority of chief justices of the high courts of Rajasthan and Delhi, Pradeep Nandrajog and Rajendra Menon, respectively. Justice Khanna was ranked 33 in the High Court judges\u2019 seniority list.<\/p>\n

The January 10 decision of the Collegium overturned the December 12 recommendation of the Collegium, when it had decided to recommend Chief Justice of Rajasthan High Court Pradeep Nandrajog and Delhi High Court Chief Justice Rajendra Menon to the Supreme Court.<\/p>\n

At a meeting of the five-member Collegium on December 12 last year, the names of Delhi Chief Justice Rajendra Menon and Rajasthan Chief Justice Pradeep Nandrajog had been considered. But the collegium of Chief Justice Ranjan Gogoi and Justices Madan B Lokur, AK Sikri, SA Bobde and NV Ramana had not taken the final decision, sources said. A Collegium statement earlier this week merely noted that the meeting was \u201cincomplete\u201d and no decision was taken. In the meantime, Justice Lokur had superannuated during the Christmas vacation. The reconstituted collegium, with the induction of Justice Arun Mishra as the fifth member, decided on January 10 to elevate Justices Khanna and Maheshwari.<\/p>\n

In its resolution dated January 10, the Collegium reportedly said \u201ccertain decisions\u201d were indeed taken on December 12. However, it said, there was no time for the \u201crequired consultation\u201d on the decisions taken on December 12 due to the intervening Winter vacations for the court and retirement of Justice Madan Lokur, which changed its composition.<\/p>\n

The Collegium said \u201cfresh\u201d and \u201cextensive\u201d deliberations were held after the vacations by the newly constituted Collegium, in which Justice Arun Mishra replaced Justice Lokur. The Collegium said it had \u201cdeemed it appropriate to have a fresh look at the matter and also to consider the proposals in the light of the additional material that became available\u201d.<\/p>\n

The Collegium records that it found Justices Maheshwari and Khanna \u201cmore deserving and suitable in all respects than other Chief Justices and senior puisne judges of the High Courts\u201d.<\/p>\n

The Collegium\u2019s decision was questioned and criticised by many. A former Delhi High Court judge, Justice Kailash Gambhir, has written to the President, saying the \u201cearth-shattering\u201d decision to recommend Justice Khanna by superseding 32 senior judges amounts to \u201ccasting aspersions on their intellect, merit and integrity.\u201d<\/p>\n

Pointing out that the constitution has made the judiciary \u201caccountable to the public\u201d, the Bar Council of India (BCI) said they could hold protests if the two judges are appointed. \u201cOur delegation will go and meet the Collegium to ask them to reconsider and recall this decision. If they don’t do it, we’ll go and sit on a dharna,\u201d Bar Council chairman MK Mishra was quoted as saying by news agency ANI.(See below for detailed BCI reaction<\/em><\/strong>)<\/p>\n