The reasons offered by the Narendra Modi government to return Justice K.M. Joseph’s file were “completely untenable”, Justice Jasti Chelameswar said Friday, a parting shot to the administration he has taken on during his time in the Supreme Court collegium. The judge, who has carved a niche for himself through his judgments, was speaking to the ThePrint on his last day as judge of the country’s top court. Chelameswar is one of the rare judges who vacated his official accommodation within hours of his retirement and made it quite clear that he would not accept any post-retirement job from the government. The Uttarakhand high court chief justice’s name was recommended for elevation to the top court by the collegium in January. The government rejected it four months later and returned Joseph’s file to the collegium for reconsideration. Chelameswar said the collegium had reiterated its choice, and it was now up to Chief justice of India Dipak Misra to send it to the government at the earliest. “I wish and pray that he becomes a judge of the Supreme Court. I haven’t stalled it. I have been repeatedly asking for it. The collegium has unanimously reiterated its recommendation,” said Chelameswar. But why hasn’t the collegium’s reiteration — the decision was taken on 11 May — been communicated to the government? “I can’t answer that. What I can say is that I had put my views (with regard to Joseph’s elevation and the government’s stand on why he shouldn’t be elevated) in writing to the CJI way back on 15th of May. I gave full reasons why the objections raised by the government are not sustainable. I gave it in the shape of a document running into eight-nine pages.” Chelamewar refused to share the details of his letter but said it seemed the government had tried to find some reason to somehow stall Joseph’s appointment. “I don’t know why they (government) are so resistant to his name. But in my view, the reasons given by them are completely untenable. In my letter, I have responded to each and every objection raised by the government. They are completely untenable,” he said. During the exclusive interview to ThePrint, Chelameswar touched upon several other issues as well. The press conference On the 12 January, 2018, a press meet was called by four senior judges — Justices Chelameswar, Ranjan Gogoi, M.B. Lokur and Kurian Joseph — where they were critical of the manner in which CJI Misra was running the Supreme Court. Chelameswar said he does not regret the move. “I don’t want to comment on why we decided to hold that press conference. People can draw whatever conclusion they want to draw. Every action by every individual can be scanned and interpreted. People have the freedom to do that… but if you want to ask me if I regret having done that (hold the press conference), sorry, I don’t.” The judge said he received many calls from former judges after the press conference who offered support and said they had done the right thing, “but nobody spoke up”. “It is the silence of the right-thinking people that causes more damage. One very respected judge, whom I don’t want to name, told me I wish you more strength. I asked him why don’t you speak up? He said I can’t. They know something is wrong but something pulls them back. It’s lack of boldness, I believe,” said Chelameswar.