Collegium must reiterate KM Joseph elevation: Justice Chelameswar to CJI

Casey Dawson
May 10, 2018

Justice Chelameswar conveyed this to SCBA President Vikas Singh when he called on the outgoing judge for the invite.

With an eventful six years and nine months' tenure at his back, Justice Chelameswar was in news recently following the unprecedented Press conference held at his official residence where he was joined by three other seniormost judges of apex court - Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph, in holding a Press conference against the arbitrary practice adopted by the CJI to allocate politically sensitive cases to a select Bench. "Lawyers will survive only if this institution survives", the Hindustan Times reported him as saying. He informed the lawyers that he had declined a farewell when he was transferred from the Andhra Pradesh High Court.

Notwithstanding the letters written by the collegium members to the CJI which had come into the public domain, the Centre has disregarded the recommendation about Justice Joseph.

In a surprise move, Justice Jasti Chelameswar, who has been taking on Chief Justice (CJI) Dipak Misra over his alleged abuse of power, has refused to attend his own farewell ceremony. Who is spared in this court?

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New Delhi: the senior most judge of the Supreme Court of India, Justice J Chelameswar, who retires on June 22, said "no " and declined an invite from the Supreme Court Bar Association (SCBA) for his farewell function citing personal reasons, as the sources of SCBA office-bearers said.

According to New18, Chelameswar has also refused to take up the role of executive chairman of the National Legal Services Authority (NALSA), a position nearly exclusively reserved for the seniormost judge in the SC, as well as a similar position with the state legal services authority.

As a member of the collegium, Justice Chelameswar was a signatory to its recommendation to appoint Uttarakhand Chief Justice K.M. Joseph to the apex court.

While the government cleared Malhotra's name, it sent Justice Joseph's file back to the Collegium for reconsideration. Incidentally, he was the lone judge to dissent against the majority judgement striking down the National Judicial Appointments Commission Act as unconstitutional.

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