Centre within its right to send back recommendation for reconsideration: CJI

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New Delhi: The Supreme Court today refused to stay the Presidential warrant appointing senior woman lawyer Indu Malhotra as an apex court judge and termed the plea of advocates on it as “unimaginable,” “unthinkable,” “unconscionable” and “never heard before.”
A bench of Chief Justice Dipak Misra took strong note of submission of senior advocate Indira Jaising that Malhotra be not sworn in as the apex court judge and the Centre be directed to recommend the name of Uttarakhand High Court Chief Justice K M Joseph as well.
“What kind of prayer is this,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said, adding that the Centre is “well within its right to send back the recommendation for reconsideration.”
“Supposing the government is sending it for reconsideration, it will be seen. You are saying ‘stay the warrant.’ It is unthinkable, unconscionable, unimaginable and if I may add ‘never heard before’,” the CJI said.
Jaising referred to the Centre’s decision of segregating the name of Joseph and Malhotra and said it cannot be done and either both names should have been recommended or rejected.
“Constitutional propriety demands that the warrant of appointment of Indu Malhotra be implemented,” the bench said.