Four Supreme Court judges in a letter informed Chief Justice of India Dipak Misra that it must be taken that the Memorandum of Procedure (MoP) finalised by them and submitted by the then Chief Justice of India JS Khehar has been accepted by the government since they have not responded so far.The letter, penned by Justices Jasti Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph reminded CJI Misra about the detailed discussions held by the Collegium of five judges and the MoP that was finalised by them and sent by the then Honourable the Chief Justice of India (Justice JS Khehar) to the Government of India in March 2017.The judges also reminded that if the “Government of India has not responded to the communication and in view of this silence, it must be taken that the Memorandum of Procedure as finalised by the Collegium has been accepted by the Government of India on the basis of the order of the Court in Supreme Court Advocates-on Record Association (Supra).”The press conference held by four senior Supreme Court judges on Friday once again throws light on how the issue of finalising the Memorandum of Procedure (MoP) to appoint judges, has not only been a bone of contention between the judiciary and the government, but has also split the collegium.Though the allocation of a petition seeking an investigation in the death of Justice Loya to a junior judge seemed to be the immediate catalyst, the letter specifically refer to the differences over the finalising of the MoP comes across as being a long pending issue.
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