Sources made it clear that the two judges’ objections were exclusive to the letter that was disseminated and not to the suggested candidates.
In a letter asking for their approval to nominate four judges to the Supreme Court Collegium, Chief Justice of India UU Lalit received opposition from two members of the Collegium.
In an unusual action, CJI Lalit wrote a letter to his colleague’s judges in the collegium asking for their approval for the appointment of four additional justices to the Supreme Court, according to a previous report from Hindustan Times.
In the letter, the following persons were suggested for promotion:
- Ravi Shankar Jha, a judge (Chief Justice of Punjab & Haryana High Court)
- the Hon. Sanjay Karol (Chief Justice of Patna High Court)
- PV Sanjay Kumar, Justice (Chief Justice of Manipur High Court)
- Attorney at law KV Viswanathan.
The Collegium meets physically to consider candidates for advancement, as is customary, and seeks the five judges’ approval.
According to sources, since “(Collegium) debates are included” before suggesting elevations, the two judges objected solely to the unprecedented manner of this “letter via distribution,” and not to the candidates who have been proposed.
According to a source, after the CJI delivered the letter to the Collegium’s justices on October 1, two of them declined to provide their permission.
This is an unusual act. A judge is not raised for a variety of reasons, both good and bad, and it is improper to put those reasons in writing. In terms of procedure, it was similarly rejected. According to a source familiar with the situation, the proceedings’ seriousness cannot be compromised.
To confirm the candidates that will be suggested for appointments to the Supreme Court, the Collegium was scheduled to convene on September 30. However, the meeting was unable to take place because Justice DY Chandrachud, the second-most senior judge, had court that day till 9:10 p.m.
