Govt 'doing nothing', SC judge writes to CJI Misra

Supreme Court judge Justice Kurian Joseph has accused the Centre of "doing nothing" and "abusing its power"  by sitting over for about three months on the Collegium's recommendation to elevate Uttarakhand High Court Chief Justice Justice K M Joseph and senior advocate Indu Malhotra to the top court as judges.

"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," he said.

This comes days after Justice Chelameswar's letter to the CJI and other judges on executive interference into the Collegium's recommendation with regard to elevation of Karnataka judge P Krishna Bhat to the high  court.

In a letter to the CJI and 22 other Supreme Court judges, Justice Joseph suggested for taking up the matter on judicial side by setting up a seven-judge bench, comprising first seven judges, as was done in the case of Justice C S Karnan, former Calcutta High Court judge, who was subsequently sentenced to six-month imprisonment for contempt of court.

"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 apporpriate bench...otherwise I feel, history will not pardon us," he said in a strongly worded letter, circulated in the media.

"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. This court is reeling under pressure of work and working strength of 24 against 31," he added.

Justice Joseph said if there is no normal delivery on completion of the gestation period, a caesarean operation is undertaken.

"Unless such a surgical intervention is made at an appropriate time, the child in the womb dies," he said.

It is said that the elevation of the chief  justice of Uttarakhand High Court has been stalled by the Centre for passing a judgement leading to re-installation of then Congress government led by Harish Rawat.