Justice Joseph, the fourth senior most judge after CJI Misra, pointed out that the Executive has never sat this long on the recommendation put forth by the Collegium.
Justice Kurian Joseph wrote a strongly worded appeal to Chief Justice of India Dipak Misra imploring him to fight for the integrity of the institution on the three-month mark since the Collegium recommended senior advocate Indu Malhotra and Uttarakhand Chief Justice KM Joseph for elevation to the top court.
Justice Joseph, the fourth senior most judge after CJI Misra, pointed out that the Executive has never sat this long on the recommendation put forth by the Collegium. "Government owes a duty to take a call on the recommendation as soon as the same is sent from the Collegium," Justice Joseph, who is also part of the collegium said.
"Failure to discharge their duty by sitting over on the recommendations of the Collegium doing nothing, in administrative law, is abuse of power. More than anything else, it sends a wrong message which is loud and clear to all judges down the line not to cause any displeasure to the Executive lest they should suffer. Is this not a threat to the independence of the judiciary?" the anguished judge asked CJI Misra.
Justice Joseph is one of the four judges who has spoken out against CJI Misra over his alleged breach of institutional integrity by tinkering with a well-established system. Since November 2017, Justice Joseph has written three letters to CJI Misra over various issues that are dogging the integrity of the institution. He was also one of the four judges who participated in the historic January 12 news conference which indicated that all was not well in the corridors of the top court.
Justice Joseph referred to the full court meeting called when Justice (retired) CS Karnan attacked the dignity of the court. "Is not the present a more grievous situation? In Justice Karnan's case, if it was a threat to the dignity of the Court, the present one is a threat to the very life and existence of the institution," the apex court judge pointed out.
"The dignity, honour and respect of this institution is going down day by day since we are not able to take the recommendations for appointment to this court to their logical conclusion within the normally expected time. I am more worried about the irreparable injury that is being caused by the wrong message sent to the judges down the line. It appears your personal efforts have not been fruitful," he added.
Concluding his two-page letter, Justice Joseph highlighted the urgency of the situation and likened it to the cesarean operation of a baby in a womb, the delay of which results in the death of the baby.
"Therefore, I request you, in the interest of this great institution and independence of judiciary for which all of us have fought so vigorously and tirelessly to have an appropriate Bench in the lines of the precedent set by Justice Karnan's case constituted forthwith before the child dies, otherwise I feel, history will not pardon us," Justice Joseph said.
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 "Kurian Joseph")
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