SC refuses to stay Indu Malhotra's appointment as apex court judge
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.
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Pakistan reports two more polio cases; Total tally now 52
ISLAMABAD: At least two more cases of poliovirus were reported in Pakistan, taking the number of infections to 52 so far this year, a report said on Friday.
“The Regional Reference Laboratory for Polio Eradication at the National Institute of Health has confirmed the detection of two more wild poliovirus type 1 (WPV1) cases in Pakistan," an official statement said.
The fresh infections — a boy and a girl — were reported from the Dera Ismail Khan district of Khyber-Pakhtunkhwa province.
“Genetic sequencing of the samples collected from the children is underway," the statement read. Dera Ismail Khan, one of the seven polio-endemic districts of southern Khyber Pakhtunkhwa province, has reported five polio cases so far this year.
Of the 52 cases in the country this year, 24 are from Balochistan, 13 from Sindh, 13 from Khyber Pakhtunkhwa, and one each from Punjab and Islamabad.
There is no cure for polio. Only multiple doses of the oral polio vaccine and completion of the routine vaccination schedule for all children under the age of five can keep them protected.
