New Delhi, April 26: The Supreme Court on Thursday refused to stay appointment of senior woman lawyer Indu Malhotra as an apex court judge on the issue of its second recommendation not being accepted, saying the government could send back a judge's name for reconsideration.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y Chandrachud made the observation on a plea of senior advocate Indira Jaising who demanded that Malhotra be not sworn in as the apex court judge and the government be directed to recommend the name of Uttarakhand High Court Chief Justice K.M. Joseph as well.
Lawyers filing a petition to seek stay of appointment of a member of the bar is "unimaginable, unthinkable, inconceivable and, to say the least, never heard of", said the bench, adding that government is "well within its right to send back the recommendation for reconsideration"."
"Constitutional propriety demands that the warrant of appointment of Indu Malhotra be implemented."
The Central government has asked the top court collegium to reconsider its recommendation for the elevation of Justice K.M. Joseph as a judge of the Supreme Court, but cleared the appointment of senior lawyer Indu Malhotra.
Referring to the government's decision, Jaising told the bench that it cannot be done and either both names should have been recommended or rejected.
Reiterating that the government is within its right to send back a name for reconsideration, the court said that when such a reference comes, the Collegium will deal with it in accordance with Supreme Court judgments and the Constitution.
The advocate sought urgent hearing of the plea, which the apex court denied.
Jaising told the court that more than 100 lawyers have signed the petition and question the decision of Centre to "cherry pick" names recommendeded for appointment as apex court judges.
The signatories have also agreed to a resolution seeking urgent convening of Supreme Court Bar Association meeting to discuss the issues arising from the controversy over judge appointments.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Ahmedabad (PTI): The Ahmedabad police have arrested a 29-year-old man who allegedly posed as a senior revenue official and used fake letters claiming to be from various government departments to cheat people, an official said on Sunday.
Mehul Shah, an engineer who manages two schools at Vankaner in Gujarat’s Morbi district, is accused of making lakhs of rupees with bogus documents and false claims, said inspector (crime branch) JK Makwana.
Shah had forged an appointment letter from the Ahmedabad district education officer (DEO) to offer a computer operator’s job in a government office to a complainant’s son. He also introduced himself as a trustee of a school and did not pay a man Rs 7 lakh due to him over the painting of a school building, the official said.
“Despite holding no official position in the state or central government, he used fake work permits and NOCs to cheat people of lakhs of rupees,” the police official said.
One complainant alleged that Shah identified himself as a top revenue department official and produced a fake letter from the chairman of the “department of science and research development” to make him install a siren and curtain in a hired vehicle but did not pay for the job, he said.
Bogus letters claiming to be from the Union Ministry of Home Affairs and the Ahmedabad DEO were used by the accused to cheat the complainants, the police official said.
Police have recovered from his possession fake identity cards and letters with headings like “bharat gaurav ratna shri samman council”, “chairman of department of science and research development”, “health and family welfare department”, and “road and building department”.
“The FIR is based on complaints by three victims. We appeal to the people to come forward and submit their complaints if they have been cheated by Shah in any way,” Makwana said.