"Democracy's last refuge, that is, judiciary, is now under most vicious attack ever", he claimed.
Vice-President M. Venkaiah Naidu said the claims against the judge led by the opposition Congress party were "neither tenable nor admissable", quashing the bid. "Is the Modi government above the law?" he said. And when Malhotra is sworn in later this week, it will be only the third time that the court has had more than one woman serving simultaneously. "His state or his religion or his judgement in the Uttarakhand case?"
But Chief Justice Misra said the primary concern of the Supreme Court at this point is to provide fair trial in the case. A previous recommendation of the Supreme Court collegium made in 2016 proposing transfer of Joseph from Uttarakhand to Andhra Pradesh remains on hold with the government.
Specialising in arbitration law, Malhotra was part of a committee, headed by retired Supreme Court Judge B N Srikrishna, which called for creation of an Arbitration Promotion Council of India. The law ministry reportedly wanted to approve Malhotra's appointment but not Joseph's, citing "breach of seniority", and so sent the recommendations back to Misra without forwarding them to President Ram Nath Kovind.
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The (PSL) said it would work closely with law enforcement to ensure that those responsible are subjected to the judicial process. Twelve of the men were treated by medics at the stadium and five men were taken to hospital where they were treated.
In the past, even Justice Chelameswar has raised the matter of the government not acting on the collegium's recommendations of judicial interference by the legislature, the India Today report mentioned.
She will be the first woman judge to be appointed to the top post directly from the bar.
The four judges said they had tried to persuade the chief justice that "certain things are not in order" at the court, but that their efforts had failed and they had no choice but to go public. Judges who are appointed to the Supreme Court first are considered senior to those who are appointed later.
"I appeal to the Chief Justice of India not to swear in Indu Malhotra until Justice Joseph is cleared for appointment, independence of the Judiciary must be saved at all cost", tweeted Indira Jaising, former solicitor general, in a series of tweets. "By making one appointment and not making another, the govt has interfered in functioning of the judiciary". He added that the government may raise his seniority for taking longer to consider his name.