Govt right in sending Justice Joseph's name for reconsideration: CJI

New Delhi: The Supreme Court on Thursday refused to stay warrant on appointment of senior advocate Indu Malhotra as an apex court judge.

Constitutional propriety demands that warrant of appointment of Indu Malhotra be implemented, the Supreme Court stated.

Lawyer Indira Jaising's petition had sought to stay Malhotra's appointment as a Supreme Court judge  on the ground that the Centre had stalled the appointment of Uttarakhand Chief Justice KM Joseph.

The top court termed Jaising's plea as "unimaginable", "unconscionable" and "never heard of". 

The CJI also stated that it was not wrong on part of the Centre to have asked the apex court's collegium to reconsider its recommendation to elevate Justice Joseph.

Read: Centre asks SC to reconsider elevation of Justice KM Joseph: sources

"If Centre has segregated the recommendation and sent one of the names for reconsideration then they are within their right," the CJI said.

CJI Misra also said that Justice Joseph's name might be referred back to the collegium to reconsider its decision.

Meanwhile, over 100 SC lawyers moved plea seeking that Uttarakhand HC Chief Justice KM Joseph and Malhotra be simultaneously made apex court judges.

After its decision to put on hold the elevation of Justice KM Joseph as a Supreme Court judge, the Centre on Thursday asked the apex court's collegium to reconsider its recommendation to elevate Justice Joseph.

The Centre earlier on Wednesday put on hold the elevation of Justice KM Joseph and cleared the appointment of senior advocate Indu Malhotra as a judge of the Supreme Court.

Also Read: Cong has no moral authority to question dignity of judiciary: Ravi Shankar Prasad

The government felt that while recommending the name of Justice Joseph, the collegium has disregarded seniority and regional representation.

On January 22, the apex court collegium's file recommending the elevation of Justice Joseph and Indu Malhotra was sent to the Law Ministry.