Gogoi: Justice Joseph’s elevation to SC result of strong-arm tactics

Satya Prakash

Tribune News Service

New Delhi, December 11

Former Chief Justice of India Ranjan Gogoi has given “full credit” to his predecessor Justice Dipak Misra for elevation of Justice KM Joseph to the Supreme Court — in spite of objections from the government in writing — by using “strong-arm tactics”.

Justice Misra threatened to RESIGN

I have reasons to believe that he (Justice Dipak Misra) used strong-arm tactics, i.e., threatening to resign, if Justice KM Joseph was not appointed. — Ranjan Gogoi, Former CJI

As the Chief Justice of the Uttarakhand High Court, Justice Joseph headed a Bench that set aside the NDA government’s decision to impose President’s Rule in the state in 2016 and it was speculated that the government didn’t want him to land in the Supreme Court.

In his autobiography “Justice for the Judge”, Justice Gogoi wrote that Justice Chelameswar — who had been boycotting Collegium meetings — pushed Justice Joseph’s name for appointment as a judge of the Supreme Court as he told the Collegium that “he saw no reason as to why Justice KM Joseph had not been recommended”.

“Justice (JS) Khehar, due to become the Chief Justice shortly, promised to do so. Justice Chelameswar then agreed to attend the meetings of the Collegium. Immediately after Justice Khehar assumed office, the Collegium recommended four names for elevation. But the case of Justice Joseph was not taken up as promised. Justice Chelameswar once again was very upset,” Justice Gogoi wrote.

“Eventually, in January 2018, when Justice Misra was the CJI, Justice Joseph was recommended along with Justice Indu Malhotra, a leading member of the Bar, for elevation to the Supreme Court Bench. However, the proposal of Justice Joseph ran into rough waters.

“The government was all set to notify the appointment of Justice Malhotra and exclude Justice Joseph. Here, I must give full credit to Chief Justice Misra. I have reasons to believe that he used strong-arm tactics i.e. threatening to resign, if Justice Joseph was not appointed. Finally, on 3 August 2018, the appointment of Justice Joseph as an SC judge was notified,” wrote Justice Gogoi.