The Telegraph
Friday , June 20 , 2014
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Hurdle to choice of SC judge

New Delhi, June 19 (PTI): The Narendra Modi government has asked the collegium that selects judges for the Supreme Court to reconsider the recommendation for appointing senior advocate Gopal Subramanium as one, sources said.

It has, however, cleared the other names recommended by the collegium, headed by Chief Justice of India R.M. Lodha, for appointment.

The chief justices of Calcutta High Court and Orissa High Court, Arun Mishra and Adarsh Kumar Goel respectively, and senior advocate Rohinton Nariman were the others chosen by the collegium. They are expected to be appointed soon.

As amicus curiae in the Sohrabuddin Sheikh fake encounter case, Subramanium was critical of the Gujarat government then headed by Modi. He had purportedly unearthed new facts on the basis of which the apex court ordered a CBI probe. Modi’s right-hand man, Amit Shah, is an accused in the case.

According to the rules for appointment of Supreme Court judges, the government can return a file for reconsideration once but has to accept it if the collegium stands by the recommendation.

There is no fixed timetable, however, for the government to appoint a judge after the recommendation has been reiterated.