New Delhi: Putting to rest the simmering controversy, the Central government has cleared both the names recommended by the Collegium for appointment as Supreme Court judges.
Chief Justice of Karnataka High Court Dinesh Maheshwari and Delhi High Court judge Sanjiv Khanna will be elevated as the judges in the Supreme Court, taking its strength to 28. The top court has an approved strength of 31 judges.
The Ministry of Law and Justice cleared both the names on Wednesday evening and sent them to the President’s office for the final stamp of approval. The nod from the ministry came the day Union Law Minister Ravi Shankar Prasad, who was unwell for the past few days, approved both the names for their elevation.
The controversy had erupted over the two names, and a section of former judges and lawyers were of the opinion that the Collegium’s recommendations did not appear to be proper for various reasons.
The Collegium’s recommendations were questioned because the Collegium had abruptly dropped two other names that were discussed earlier while making the fresh recommendations.
It was pointed out that Justice Dinesh Maheshwari had already been overlooked in the previous meeting of the Collegium that comprises the Chief Justice of India and the four most senior judges. But he was suddenly recommended in the next meeting a letter in the past by former SC judge J Chelameswar, accusing the judge of doing “executive bidding”.
Similarly, contentions were raised against elevating Justice Khanna who happens to be at number 33 in the All India Seniority list of the HC judges.
Former Delhi HC judge Kailash Gambhir had shot a letter to the President, stating it will be another “black day” in the history of Indian judiciary if 32 other senior judges are superceded to elevate Justice Khanna.
Former CJI RM Lodha and former Delhi HC chief justice AP Shah also questioned the decisions taken by the Collegium in suddenly dropping two names and then favouring two others who had issues.
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