File photo: Chief Justice of India RM Lodha
Chief Justice of India R M Lodha today criticised the BJP-led government for dropping former Solicitor General Gopal Subramanium from a panel of four names recommended for appointment as Supreme Court judges by a collegium.
Justice Lodha said he had taken objection to the "segregation unilaterally done by the executive without my knowledge and consent." (
President Okayed Decision to Drop Gopal Subramanium's Name From List: Sources)
In remarks that are certain to embarrass the Narendra Modi government, he said at a farewell function for a judge, "I fail to understand that the appointment of a high constitutional position has been dealt with in a casual manner." (
Why Gopal Subramanium is no Longer Running For Supreme Court Judge)
Reacting to the top judge's comments, the government held its ground today, insisting that it had the "highest regard for the Chief Justice."
Citing past precedence, government sources said, "The government has the right to seek reconsideration of a nominee for judge."
The Chief Justice, who was speaking on the controversy for the first time, said when he returned from abroad on June 28, a file from the Law Ministry had been placed before him indicating that three of the four names had been approved and the name of Gopal Subramanium was segregated.
Mr Subramanium withdrew his candidature in a letter to the Chief Justice and accused the government of indulging in a "
dirt-digging exercise.'' He also alleged that he was being targeted for his role in a case of alleged murder registered against Amit Shah, a top aide to Prime Minister Narendra Modi.
Stung by Mr Subramanium's charge that the judiciary had not stood by him, Justice Lodha said he was "shocked and a little disappointed" that the senior lawyer had written a letter to him on June 25, knowing he was returning three days later.
"The independence of the judiciary can't be allowed to be compromised. If I knew that the independence of the judiciary had been compromised, I will not hold my office even for a second," he said.
"On June 28, Gopal met me and I requested him to withdraw his letter withdrawing his consent. But a day later, he responded by reiterating his stand. In view of this, I felt there is no point in pursuing this matter," the Chief Justice added.