'Existence of Supreme Court under threat', says Justice Kurian Joseph in letter to CJI
Justice Kurian Joseph has written to the Chief Justice of India stating that the very life and existence of the Supreme Court is under threat. History will not pardon us, if the court does not respond to the government's unprecedented act of sitting on the collegium's recommendation to elevate judge and senior advocate to the Supreme Court, he also wrote to CJI, Dipak Misra.
The reference was being made to the Collegium's decision to elevate senior advocate, Indu Malhotra and Justice K M Joseph, Chief Justice of the Uttarakhand High Cout.
"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. A 7 judge Bench must be established to take up suo moto the matter of the government sitting over the two names," he also 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."
"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 times".
"The government owes a duty to take a call on the recommendation as soon as the same is sent from the Collegium. 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?"