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New Delhi
Justice Dinesh Maheshwari, the Chief Justice of the Karnataka High Court, and Justice Sanjiv Khanna of the Delhi High Court have been elevated to the Supreme Court amid questions over the appointments by the legal fraternity. The recommendation by the Supreme Court Collegium was signed off by President Ram Nath Kovind this evening.
In December, the collegium - which comprises the top five judges of the Supreme Court - had decided to recommend Chief Justice of Delhi High Court Justice Rajendra Menon and Rajasthan High Court Chief Justice Pradeep Nandrajog for elevation to the top court. But the decision was reversed in January, with the Collegium sending the names of Justice Maheshwari and Justice Khanna.
A section of the legal fraternity has argued that the elevation of Justice Maheshwari and Justice Khanna would unfairly supersede many senior judges, including Justice Nandrajog.
Justice SK Kaul, a sitting judge of the top court has already expressed his reservations in writing to Chief Justice Gogoi. Former judge of the Delhi High Court, Kailash Gambhir, has also written to the President, calling the out-of-turn elevation of the judges “appalling” and “outrageous”.
Less than two months ago, Justice Maheshwari was superseded during the appointment of Justice Ajay Rastogi. “Now out of the blue, he becomes more deserving and suitable within such a short gap,” Justice Gambhir said in his letter.
Today, the Bar Council also protested against the decision to elevate the two judges. “Our constitution has made even our judiciary accountable to the public... but the recent trend adopted by the collegium had completely eroded the faith of the Bar and the people,” the Council said.
“Our delegation will go and meet the collegium to ask them to reconsider and recall this decision.
If they don’t do it, we’ll go and sit on a dharna,” Bar Council chairman MK Mishra was quoted as saying by news agency ANI. New Delhi: Former Chief Justice of India (CJI) RM Lodha said he was “surprised” after a junior judge was recommended for elevation to the Supreme Court, superseding senior judges. The Collegium must reveal the reasons why the decision was upturned, Justice Lodha said.
On January 10, the Supreme Court Collegium headed by Chief Justice of India Ranjan Gogoi, recommended the elevation of Justice Dinesh Maheshwari, the Chief Justice of the Karnataka High Court, and Justice Sanjiv Khanna of the Delhi High Court. But the names of senior judges Pradeep Nandrajog and Rajendra Menon were being considered in December.
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17/01/2019
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