The Supreme Court on Thursday refused to stay the warrant of appointment of senior advocate Indu Malhotra as an apex court judge.
Malhotra is the first woman to be elevated to the post of a Supreme Court judge directly from the Bar. Her swearing-in is scheduled for tomorrow.
The name of Malhotra and Uttarakhand Chief Justice KM Joseph were proposed by the five-judge Collegium, headed by Chief Justice Dipak Misra but the Central government, sent back the recommendation for elevation of Justice Joseph to the Supreme Court for reconsideration. Justice Joseph had struck down the Centre’s order to impose President’s Rule in Uttarakhand in 2016.
Aggrieved by the rejection of Justice Joseph for elevation as apex court judge, Senior Counsel Indira Jaising mentioned before Chief Justice Dipak Misra at 2 PM on Thursday a petition on the legality of the dissection of the names recommendation by the collegium.
But the Supreme Court called such a demand as “unimaginable”, “unconscionable” and “never heard of”, and refused to stay the elevation of Ms Malhotra.
Reacting to the CJI’s ruling, Jaising told PTI, “We are worried about the independence of judiciary.”