Finally, all clear for Srikrishna to move to the Supreme Court

Taking note of the Government’s ‘‘reservations,’’ the Supreme Court collegium has withdrawn its proposal to elevate...

Taking note of the Government’s ‘‘reservations,’’ the Supreme Court collegium has withdrawn its proposal to elevate Rajasthan High Court judge Justice M R Kalla to the apex court.

This decision clears the way for the much-delayed elevation of Justice B N Srikrishna, who indicted Bal Thackeray and the Shiv Sena in the 1992-93 Mumbai riots.

Highly placed sources say that President A P J Abdul Kalam is soon expected to issue the ‘‘warrant of appointment’’ of Justice Srikrishna along with those of Justice S B Sinha and Justice Arun Kumar. All three are, at present, chief justices of high courts: Srikrishna of Kerala, Sinha of Delhi and Kumar of Rajasthan.

Story continues below this ad

They will fill vacancies created by the retirement of Justice S P Bharucha in May, Justice R P Sethi in July and Justice D P Mohapatra last month.

Though Srikrishna’s name was first recommended by the collegium six months ago, his candidature was held up initially because the Government expressed misgivings about the fact there were at least 35 high court judges senior to him.

Subsequent to the retirement of the then Chief Justice of India, S P Bharucha, a fresh collegium under his successor Justice B N Kirpal again sent Srikrishna’s name in June.

But since there were two vacancies in the apex court by then, the collegium also recommended Justice Kalla of the Rajasthan high court to be elevated. This became another cause for delaying Srikrishna’s elevation because the Government asked the collegium to review Kalla’s candidature in the light of some material it sent to the Supreme Court.

Story continues below this ad

According to sources, the collegium, consisting of Kirpal and his senior colleagues, made its own inquiries later and withdrew its recommendation about Kalla.

It was then that the names of Sinha and Kumar cropped up in this context and the Government is learnt to be happy with the panel that has emerged for the three current vacancies in the Supreme Court.

Both the Government and the collegium have a high regard for the capacity and integrity of the three candidates. Besides, the seniority principle is also addressed better: Sinha is eighth in the seniority list of high court judges while Kumar is twenty third in it.

There will be three more vacancies in the Supreme Court by the year-end. Altogether, six judges, including three chief justices, will have retired from the Supreme Court in 2002. What is even more remarkable is that for the first time ever, the Supreme Court will have four chief justices in one year.