A retired district judge on Thursday filed a Public Interest Litigation in the Supreme Court challenging the government’s decision to return the collegium’s recommendation to elevate Uttarkhand High Court Chief Justice KM Joseph to the top court, Live Law reported. GD Inamdar, a retired district judge from Solapur district in Maharashtra, said the government cannot “pick and choose” names of judges from the recommendations of the collegium.
The retired judge’s PIL came a day after the Supreme Court deferred its decision on reiterating Joseph’s elevation to the top court. No reason was given for the deferment.
Inamdar said he was “forced to move the PIL due to the shocking manner in which the central government has unilaterally and capriciously segregated and rejected the name of KM Joseph, while accepting the recommendation for elevation of Indu Malhotra”. The retired judge said he filed the petition to “uphold the institutional integrity and independence of the judiciary, especially the Supreme Court of India, which the Centre is trampling upon”.
Inamdar also contended that it was not permissible to reject one of the recommendations while accepting the other. “If the government had any reservations on either of the two names recommended, then the entire file must be sent for the reconsideration of the collegium,” he added.
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