New Delhi: The controversy surrounding former Solicitor General Gopal Subramanium, who withdrew his name from the race for the Supreme Court judge came as a huge embarrassment for the Narendra Modi government, refuses to die down. Even as Central government sources claim they do have a say in appointments of Supreme Court judges, the Congress accused the Prime Minister of targeting Subramaniam for his role as amicus curie in the Sohrabuddin Sheikh fake encounter case which had taken place when Modi was Gujarat's chief minister.
Facing flak from Chief Justice of India RM Lodha over the Subramanium row, the Modi government defended itself and put the responsibility on the judiciary. Government sources stated that the right to reconsideration of those whose names have been sent for appointment as the Supreme Court rests with the Centre.
"Gopal himself resigned, so the government couldn't do anything. If the Supreme Court wanted, it could have sent Gopal's name again and the government would have abided by it. It didn't and so the government cannot be held responsible. The government fully respects the judiciary," government sources said.
The Centre's response came as Chief Justice Lodha on Tuesday lambasted the Modi government for segregating Subramanium's case from the other three nominees for appointment as Supreme Court judges. "I fail to understand how the appointment to a high constitutional post has been dealt with in a casual manner. The first thing I have taken objection to (is) that the segregation of Subramanium's proposal from other three proposals unilaterally by the executive without my knowledge and concurrence was not proper," he said at a function breaking his silence on the controversy that struck the new government within a month of its coming to power.
While Union Law Minister Ravi Shankar Prasad refused to comment on the controversy, BJP leader Subramanian Swamy said Subramanium's segregation was a mistake. "As far as the separation is concerned that is a technical flaw. But the President has enough advisors. He could have called the Solicitor General and asked him. The President should not have gone ahead and made the announcement. He should have checked on it. He should have sent the file to the government," Swamy said.
Modi is also facing flak for the showdown between his government and the Chief Justice of India over Subramanium. "It's unprecedented for a judge to come out and speak in this manner. PM should come out and apologise. The Law Ministry is not correct if it's saying that there are precedents. Decisions are always taken after taking the CJI into confidence," Congress leader Veerappa Moily said.
Later in the day, Congress spokesperson Abhishek Manu Singhvi claimed that Subramanium, who was in line to become a Supreme Court judge but later withdrew his name, was paying the price for being the amicus curie in a fake encounter case.
"Gopal Subramanium saved the government of embarrassment by withdrawing himself from the collegium. We now have serious assault on independence of judiciary, the mess created by government has extremely serious ramifications," Singhvi said.
On the issue of judicial appointment, Singhvi added that the issue is the clear usurpation by the Modi government of the right to select judges. "The government is acting through leaks, indirection, whispers and calumny," Singhvi said.
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