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SC Collegium reiterates R John Sathyan for appointment as Judge of Madras HC

By
LO Bureau
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The Supreme Court Collegium Tuesday (17.01.2023) reiterated its recommendation to appoint advocate R. John Sathyan as a Judge of the Madras High Court.

Last year on February 16, 2022, the Collegium headed by then Chief Justice of India (CJI) N.V. Ramana had recommended six names for elevation to the Madras HC of which the central government accepted four, while the names of S. Sounthar and Sathyan were rejected.

The central government had reportedly rejected the SC’s recommendation on the basis of a report of the Intelligence Bureau (IB) referring to Sathyan’s posts on social media.

The IB report indicated that Sathyan shared an article by The Quint which was critical of the Prime Minister. Another post by Sathyan described the suicide of a medical student as a “political betrayal”, with the tag, “shame on you, India”.

However, the apex court has now expressed disapproval of the central government’s stance on the issue, reiterating its recommendation by calling Sathyan “fit and suitable” to be appointed as a judge of the Madras HC. The Collegium — now led by CJI D.Y. Chandrachud and comprising Justices S.K. Kaul and K.M. Joseph — dismissed the government’s stance that social media posts have a bearing on Sathyan’s candidature.

“In this backdrop, the adverse comments of the IB extracted above in respect of posts made by him i.e. sharing an article published in ‘The Quint’ and another post regarding committing of suicide by a medical aspirant candidate in 2017 will not impinge on the suitability, character or integrity of Shri Sathyan,” read the resolution adopted Tuesday.

The resolution pointed out that the IB report itself says Sathyan “enjoys a good personal and professional image and that nothing adverse has come to notice regarding his integrity”.

It further noted that all the members of the Collegium at that time, including Justice Kaul, Justice Indira Banerjee, Justice V Ramasubramanian, and Justice M.M. Sundresh had found him suitable for elevation, and recommended that he be “given precedence” over other names recommended by the Collegium for appointment as judges of the Madras HC.

“The Collegium, therefore, resolves to reiterate its recommendation dated 16 February 2022 for appointment of Shri R. John Sathyan, Advocate, as a Judge of the Madras High Court,” read the resolution.

SC Collegium reiterates 2 names for appointment as Judges of Calcutta HC

By
LO Bureau
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For the second time, the Supreme Court Collegium has reiterated the names of two advocates—Amitesh Banerjee and Sakya Sen—for appointment as Judges of the Calcutta High Court “expeditiously,” saying the government cannot repeatedly reject the same proposal.

The names of advocates Banerjee and Sen were initially recommended by the Collegium of the Calcutta High Court on Dec. 17, 2018 and the Supreme Court Collegium had approved the proposal on July 24, 2019. The three-member Collegium of Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul and KM Joseph, which held its meeting on Jan. 18, said, said, “In view of the above, the Collegium resolves to return the file for processing the recommendations for appointment of Amitesh Banerjee and Sakya Sen as Judges of the Calcutta High Court expeditiously.”

The resolution of the meeting noted that the department of Justice referred back their names on July 23, 2021 and the Supreme Court Collegium reiterated its earlier recommendation in respect of Amitesh Banerjee on Sept. 1, 2021.

It said that on Sept 27, 2021, the Department of Justice forwarded additional inputs of the Intelligence Bureau dated Sept. 24, 2021 in respect of Sen and the top court collegium had reiterated its earlier recommendation on Oct. 8, 2021 for his elevation. It said the Department of Justice again referred the file back to the Collegium on Nov. 25, 2022.

“The inputs which have been furnished by the Department of Justice in the file on Nov. 25, 2022 do not contain any fresh material or ground. Moreover, after the Supreme Court Collegium reiterated the proposal on Sept. 1, 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government,” it said.

SC collegium reiterates recommendation to elevate Advocate Somasekhar Sundaresan as Judge of Bombay HC

By
LO Bureau
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The Supreme Court Collegium Wednesday (18.01.2023) reiterated its earlier recommendation to appoint Advocate Somasekhar Sundaresan as a Judge of the Bombay High Court.

The Collegium headed by CJI DY Chandrachud said in a statement after its meeting on January 18, “All citizens have the right to free speech and expression under Article 19(1)(a) of the Constitution. Expression of views by a candidate does not disentitle him to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity.”

Sundaresan’s name was recommended by the Collegium of the Bombay High Court on October 4, 2021, followed by the SC Collegium on February 16, 2022. However, on November 25, 2022, the Centre sought reconsideration of the said recommendation on the grounds that “he has aired his views in the social media on several matters which are the subject matter of consideration before the courts”.

In response, the collegium said it was “of the view that the views on social media attributed to the candidate, do not furnish any foundation to infer that he is biased.” It added, “The issues on which opinions have been attributed to the candidate are in the public domain and have been extensively deliberated upon in the print and electronic media.”

The Supreme Court collegium stated, “The manner in which the candidate has expressed his views does not justify the inference that he is a ‘highly biased opinionated person’ or that he has been ‘selectively critical on the social media on the important policies, initiatives and directions of the Government’ (as indicated in the objections of Department of Justice) nor is there any material to
indicate that the expressions used by the candidate are suggestive of his links with any political party with strong ideological leanings.”

It noted that Sundaresan has specialised in commercial law and would be an asset to the Bombay High Court, which deals with a large volume of cases related to commercial and securities laws,
among others.

SC Collegium reiterates Saurabh Kirpal’s appointment as Judge of Delhi HC

By
LO Bureau
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The Supreme Court Collegium on Wednesday (18.01.2023) reiterated its recommendation to appoint senior advocate Saurabh Kirpal, an openly gay person, as a Judge of the Delhi High Court, rejecting the objections raised by the law ministry of his sexual orientation.

The collegium headed by Chief Justice DY Chandrachud and comprising Justices S K Kaul and K M Joseph said Kirpal’s appointment had been pending for five years and needed to be processed “expeditiously ”.

The Collegium noted that there were two objections to the court’s recommendation: Saurabh Kirpal’s partner was a Swiss national, and he was in an “intimate relationship and open about his sexual orientation.” The Collegium noted that these objections did not indicate any concern over the partner of Kirpal’s conduct that might affect national security.

It further noted that Kirpal possessed “competence, integrity and intellect” and that his appointment would add value to the bench of the Delhi High Court and provide inclusion and diversity.

SC Collegium recommends elevation of three Advocates as Judges of Karnataka HC

By
LO Bureau
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The Supreme Court Collegium has recommended the elevation of three Advocates as Judges of the Karnataka High Court. The decision was taken at a meeting of the Collegium held on 17 January 2023.

They are ;

  1. Vijaykumar Adagouda Patil
  2. Rajesh Rai Kallangala
  3. Tajali Moulasab Nadaf

SC Collegium recommends elevation of nine Advocates as Judges of Allahabad HC

By
LO Bureau
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The Supreme Court Collegium has recommended the elevation of nine Advocates as Judges of the Allahabad High Court. The decision was taken at a meeting of the Collegium held on 17 January 2023.

They are ;

  1. Prashant Kumar,
  2. Syed Qamar Hasan Rizvi,
  3. Manish Kumar Nigam,
  4. Manjive Shukla,
  5. Anish Kumar Gupta,
  6. Nand Prabha Shukla,
  7. Arun Kumar Singh Deshwal,
  8. Kshitij Shailendra, and
  9. Vinod Diwakar

SC Collegium recommends elevation of three Judicial Officers as Judges of Madras HC

By
LO Bureau
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The Supreme Court Collegium has recommended the elevation of three Judicial Officers as Judges of the Madras High Court. The decision was taken at a meeting of the Collegium held on 17 January 2023.

They are ;

  1. Periyasamy Vadamalai
  2. Ramachandran Kalaimathi
  3. K Govindarajan Thilakavadi

SC Collegium recommends elevation of five Advocates as Judges of Madras HC

By
LO Bureau
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The Supreme Court Collegium has recommended the elevation of five Advocates as Judges of the Madras High Court. The decision was taken at a meeting of the Collegium held on 17 January 2023.

They are ;

  1. Venkatachari Lakshminarayanan
  2. Lakshmana Chandra Victoria Gowri
  3. Pillaipakkam Bahukutumbi Balaji
  4. Ramaswamy Neelakandan
  5. Kandhasami Kulandaivelu Ramakrishnan

SC Collegium recommends elevation of two Judicial Officers as Judges of Karnataka HC

By
LO Bureau
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The Supreme Court Collegium has recommended the elevation of two Judicial Officers as Judges of the Karnataka High Court. The decision was taken at a meeting of the Collegium held on 10 January 2023.

They are ;

  1. Ramachandra Dattatray Huddar
  2. Venkatesh Naik Thavaryanaik.

SC collegium reiterates to elevate Advocate Nagendra Ramachandra Naik as Judge of Karnataka HC

By
LO Bureau
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The Supreme Court Collegium has reiterated for the third time its earlier recommendation to elevate Advocate Nagendra Ramachandra Naik as Judge in the Karnataka High Court. The decision was taken at a meeting of the Collegium held on 10 January 2023.

The collegium had first recommended Naik’s name for appointment as a High Court judge on October 3, 2019. It then reiterated its decision twice – once on March 2, 2021, and then on September 1, 2021.

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