Expressing his anxiety over the unparalleled delay being exhibited in the appointment of two judges by the government, a top judge has written to Dipak Misra the Chief Justice of India that “the very life and existence” of the Supreme Court is at stake.
In his letter addressed to Dipak Misra and 22 other judges, Justice Kurian Joseph stated that “History will not pardon us” if the court does not respond to the government’s unparalleled act on the recommendation of the collegium to elevate a judge and a senior advocate. The letter was written on April 9.
It was on 10 January, that the collegium of Supreme Court, a consortium of top judges, had decided to recommend names of Justice KM Joseph and senior advocate Indu Malhotra for the Supreme Court.
Justice Kurian Joseph has suggested that the top court takes the matter up and “immediately constitute a seven-judge bench to pass orders on the pending appointment”.
He further said, “It is the first time in the history of this court where nothing is known as to what has happened to a recommendation after three months.”
So as to call on the Chief Justice to take some step, he wrote, “If there is no normal delivery on completion of the gestation period, what is urgently done is a Caesarean section. Unless such a surgical intervention is made at an appropriate time, the child in the womb dies.”
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