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96217Govt not entitled to judge my character: Gopal Subramanium

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  • karmayog - tanya
    Jun 26, 2014
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      Govt not entitled to judge my character: Gopal Subramaniam to CJI

      IndiaToday.in  New Delhi, June 26, 2014 | UPDATED 10:03 IST

      Putting an end to the ongoing controversy over his nomination by a Supreme Court collegium for the post of a judge in the apex court, former solicitor general Gopal Subramaniam has withdrawn his candidature.

      According to reports, the senior lawyer withdrew his candidature from thejudge's post on Wednesday following media reports which said the NDA government objecting to his appointment as a Supreme Court judge, because of his 'links' with corporate lobbyist Nira Radia and a 'negative' CBI report.

      The government is understood to have returned the recommendation for his appointment to the apex court to its collegium with a request to reconsider the decision.

      Sources in the government said while returning the recommendation relating to the former Solicitor General to the collegium headed by Chief Justice of India R M Lodha, the government cleared the other names for appointment.

      Those cleared were Calcutta High Court Chief Justice Arun Mishra, Orissa High Court Chief Justice Adarsh Kumar Goel and senior advocate Rohinton Nariman. The warrants of appointments in these cases are likely to be issued by the Rashtrapati Bhavan shortly, the sources said.

      The government is learnt to have sent a note to the collegium giving out reasons for its reservations over appointing Subramanium to the apex court.

      As amicus curiae in the Sohrabuddin fake encounter case, Subramanium was critical of the Gujarat government headed by Narendra Modi and brought out new facts on the basis of which the Supreme Court had ordered a CBI probe into the case.

      As per the Memorandum of Procedure relating to the appointment of Supreme Court judges, the government can return the file for reconsideration once. But if the collegium reiterates its recommendation, the government has to comply with it.

      There is no fixed time frame for the government to appoint a judge once the recommendation is reiterated by the collegium. It is very rare that the collegium recommends names of lawyers to be appointed as Supreme Court judges.

      Justice N Santosh Hegde was the last lawyer to have been elevated directly to the SC. Hegde was appointed as a judge of the apex court in 1999.