Indu Malhotra becomes 1st woman Supreme Court judge to make it from Bar
Jaising says 100 lawyers are against Centre's decision.
New Delhi: Observing that such a prayer is unimaginable, the Supreme Court on Thursday refused to stay the presidential warrant appointing senior advocate Indu Malhotra as a judge of the apex court. Ms Malhotra is likely to take oath of office on Friday.
The top court, while rejecting a petition to stall Ms Malhotra’s appointment, observed that the Centre was well within its right to return the collegium’s recommendation to elevate Uttarakhand Chief Justice K.M. Joseph as a judge of the apex court.
During the hearing on the petition opposing Ms Malhotra’s appointment, Chief Justice of India Dipak Misra, told senior counsel Indira Jaising, “Your prayer to stay the warrant of Ms Indu Malhotra is unthinkable, unimaginable and inconceivable. It is never heard of in this court.”
“When a Member of your bar has been appointed as a judge of this court, we are most surprised to hear that the appointment should be stayed,” said CJI Misra, presiding over a three-judge bench.
“Constitutional propriety demands that the warrant of appointment of Indu Malhotra shall be implemented,” said CJI Misra. Ms Jaising said that 100 lawyers of the Supreme Court have filed this petition challenging the decision of the government in accepting one proposal (that of Ms Malhotra) and rejecting the proposal on Justice Joseph.
