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Tuesday, Jan 12, 2010
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Collegium reiterates case for Prasad’s elevation

J. Venkatesan

New Delhi: The Supreme Court collegium has reiterated its earlier recommendation to elevate Chief Justice of the Allahabad High Court Chandramauli Kumar Prasad as a judge of the Supreme Court.

According to informed sources, the collegium — comprising Chief Justice K.G. Balakrishnan and Justices S.H. Kapadia, Tarun Chatterjee, Altamas Kabir and R.V. Raveendran — at its meeting on Sunday decided to stick to its stand and send back the file to the Union Law Ministry for processing the recommendation. The collegium had recommended the elevation of the then Chief Justice of the Bombay High Court, Swatantar Kumar, and Justice Prasad to the Supreme Court. Justice Swatantar Kumar’s elevation was approved and he was sworn in judge of the Supreme Court on December 18.

However, the government returned the file of Justice Prasad following a note put up by President Pratibha Patil whether seniority had been overlooked in the recommendation of Justice Prasad. Clarifications were also sought in respect of certain allegations against Justice Prasad.

Sources said the allegations contained in a petition from one C.K. Singh were thoroughly examined and it was found that there was no person by the name of C.K. Singh and the allegations were baseless. The collegium also decided to ignore the contents of an anonymous letter against the elevation of Justice Prasad. The collegium, therefore, affirmed its earlier recommendation to elevate Justice Prasad to the Supreme Court.

Under the Memorandum of Procedure once the collegium confirms its recommendation and sends back the file, the President is bound to accept it and clear the name for appointment.

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