The stand-off between the Government and the judiciary resurfaced on Tuesday with the Supreme Court Collegium deciding to stick to its decision to appoint Justice Kl Manjunath of Karnataka High Court as Chief Justice of Punjab & Haryana High Court. This came a day after the Centre had asked the SC Collegium to reconsider its decision on Justice Manjunath’s elevation, citing adverse reports.
The SC Collegium headed by Chief Justice RM lodha is understood to have sent back the file of Justice Manjunath to the law Ministry refusing to accept the adverse report against him. With the Collegium sticking to its decision, the Government will have no option but to accept the recommendation.
Justice Manjunath case is the latest confrontation between the judiciary and executive. The two sparred in the recent past over the abortive appointment of former Solicitor General Gopal Subramanium as judge of the Supreme Court. When the Centre rejected Subramanium’s name, CJI RM lodha went public with his displeasure over the manner in which the law ministry “segregated” Subramanium’s name without his knowledge and consent.
The allegations against Justice Manjunath are not yet public. Sources in the law Ministry said, “A decision was taken to return the file relating to Justice Manjunath following a letter received from a senior Supreme Court judge citing adverse reports against him.” The senior SC judge had informed the CJI and other members of the collegium about his objection when they first met to consider Manjunaths;s appointment as Punjab and Haryana HC Chief Justice. However, the collegium discarded the allegations and recommended the case to the Centre.