New Delhi:
The controversy over Karnataka High Court judge KL Manjunath has caused a rift between the BJP-led government and the Supreme Court.
Sources say the government has sent a file recommending Justice Manjunath's transfer back to a collegium led by the Chief Justice of India that decides on judges' appointments.
Here are 10 developments in this story:
Top sources today confirmed that the government had opposed Justice Manjunath's transfer to the Punjab and Haryana High Court, recommended by the collegium of five seniormost judges of India.
Sources said the file was sent back to the collegium based on the objections raised by a Supreme Court judge.
Justice Manjunath's file, say sources, is still with the collegium. If it sends it back despite, the Centre will have to accept the decision despite its objections.
Sources say the government's objection is that if Justice Manjunath is transferred to the Punjab and Haryana High Court, even without being elevated he will be acting Chief Justice because of his seniority.
This morning, the Chief Justice had denied that the collegium had recommended Justice Manjunath's "elevation" and reacted sharply to a petition that asked for the collegium's discussions on judges appointments to be posted on the Supreme Court website.
"For God's sake don't shake the confidence of people in judiciary," Justice Lodha said, adding, "The collegium system has not failed. I am the person in the first batch appointed as a judge by the collegium system and Justice Rohinton (Nariman) is the last person. If the collegium system has failed then we are all failed."
The Chief Justice denied that the collegium had ever recommended the elevation of Justice Manjunath, who faces allegations linked to a land deal.
"Who told you the collegium has recommended Justice Manjunath's elevation? I am the CJI. I head the collegium. We have not made any recommendation. This is a campaign to defame judiciary and bring disrespect in eyes of the public," Justice Lodha said.
The seniormost judge's strong defence of the collegium system comes as the Centre is attempting to replace it with a six-member Judicial Appointments Commission headed by the Chief Justice, which will include two Supreme Court judges, the Union Law Minister and two eminent persons.
Last month, the government called a meeting with top jurists and said that the "predominant view" was to change the collegium system.
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