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He was appointed a permanent judge of the Kerala High Court on October 14, 2004, and assumed charge of the Uttarakhand High Court on July 31, 2014.

The government on 26 April declined to accept the recommendation of the collegium and asked it to reconsider his name.

The collegium of Chief Justice of India Dipak Misra and Justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurien Joseph is expected to take the final decision by Monday or Tuesday next.

During the day, uncertainty prevailed over whether the collegium meeting would take place as Justice Chelameswar did not attend the court.

Since the Centre had sent back the file, there was a necessity to apply "the principles of natural justice" while considering the suggestion of the government. "Deferred", the resolution said.

It also said it would later decide the issue of elevation of judges from other states "in view of the concept of fair representation".

Justice Josephs name was recommended along with then senior advocate Indu Malhotra on January 10 for their elevation as apex court judges.


The government had said that the proposal for his name was not in accordance with the top courts parameters and there was adequate representation of Kerala in the higher judiciary from where he hails.

Jaising told the court that the government was stalling justice Joseph's elevation because as chief justice of the Uttarakhand high court, he had quashed the imposition of President's rule in Uttarakhand in 2016, leading to the reinstatement of the Congress party government led by Harish Rawat.

The top court collegium recommending the elevation of Justice Joseph had said: "The collegium considers that at present Justice K.M. Joseph, who hails from Kerala High Court and is now functioning as Chief Justice of Uttarakhand High Court, is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India". "There was no question of anyone agreeing or disagreeing on any particular name as no names were discusssed", said a senior source.

The CJI said that it was inappropriate to put on hold the appointment of Indu Malhotra as a judge in the Supreme Court just because the central government has not cleared Justice KM Joseph's name.

The run-up to the meeting of the collegium saw a group of senior advocates, activist lawyers, and retired judges, including a former CJI, building up pressure for immediate reiteration of the recommendation for Justice K M Joseph.

This is unedited, unformatted feed from the Press Trust of India wire.


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