"History Won't Pardon Us," Supreme Court Judge Writes To Chief Justice

Justice Kurian Joseph has sent his letter to 22 other judges.

New Delhi:  Concerned over the unprecedented delay by the government in the appointment of two judges, a top judge has written to Chief Justice of India Dipak Misra that the "very life and existence" of the Supreme Court is under threat.

"History will not pardon us" if the court doesn't respond to the government's unprecedented act of sitting on the collegium's recommendation to elevate a judge and a senior advocate, Justice Kurian Joseph has written in the letter that has also been sent to 22 other judges.

The letter was written on 9 April.

On January 10, the Supreme Court collegium, a group of top judges, had decided to recommend the names of senior advocate Indu Malhotra and Justice KM Joseph, Chief Justice of Uttarakhand High Court for the Supreme Court.

Three months on, the government is yet to act on the recommendation. 

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The government has not yet moved on the Supreme Court collegium's advice on promoting judges.

Justice Kurian Joseph has suggested that the Supreme Court take it up and "immediately constitute a seven judge bench to pass orders on the pending appointment".He said, "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."

Calling upon the Chief Justice to step in, Justice Joseph 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."

Last month, Justice Jasti Chelameswar had also written to the Chief Justice expressing grave concern over the propriety of the law ministry writing directly to Karnataka High Court, despite the Collegium reiterating a name for elevation to the High Court.

Responding to the letter, a senior judge told NDTV: "It is a very sad situation. We are sick of it. Nobody is worried about what is going on in the Supreme Court."