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Centre has no file on supersession of judges

New Delhi: The government does not maintain any record of supersession in elevation of judges to the Supreme Court or as Chief Justices of High Courts.

In a reply to a Right to Information activist who wanted to know whether seniority was overlooked in the recommendation to elevate Allahabad High Court Chief Justice Chandramouli Kumar Prasad, the Law Ministry said no record of such information was maintained and therefore data could not be furnished.

The application by Subhash Chandra Agrawal filed last December sought a host of details: Is it correct that the name of Justice Prasad was recommended for being appointed Supreme Court judge? If yes, clarifications sought by the President before clearing his name? Are there any submissions/representations received by the President/Union government against clearing the elevation of Justice Prasad? If yes, please provide copies of such submissions/representations. Has any representation/submission been received against superseding Justice Gyan Sudha Misra (Chief Justice of the Jharkhand High Court) in the appointment of judges to the Supreme Court? If yes, please provide a copy of the submission/representation. Names of others received at the Rashtrapati Bhavan together with that of Justice Swatanter Kumar for elevation to the Supreme Court and details of Chief Justices of High Courts where representations/submissions were received against their superseding others as judges of the Supreme Court.

Following Law Ministry’s reply, Mr. Agrawal filed an appeal to the President’s Secretariat seeking the same information, after The Hindu published a report that the President had cleared Justice Prasad’s appointment to the Supreme Court.

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