The Supreme Court Collegium, comprising Chief Justice of India D Y Chandrachud and Justices S K Kaul and K M Joseph, on Tuesday (02.05.2023) recommended three advocates for elevation as judges of the Bombay High Court.
They are:
- Shailesh Pramod Brahme
- Firdosh Phiroze Pooniwalla
- Jitendra Shantilal Jain
It is pertinent to note that the Collegium has recommended elevating advocate Firdosh Phiroze Pooniwalla as Judge overruling the Intelligence Bureau’s objections.
The IB had objected to Pooniwalla’s candidature for an article written by an advocate under whom Pooniwalla worked as a junior concerning freedom of speech/expression in India.
However, the Collegium in its resolution noted, “The Intelligence Bureau has, however, flagged that Shri Pooniwalla had earlier worked under an advocate. It is reported that the said advocate has written an article in a publication in 2020 expressing concerns over the alleged lack of freedom of speech/expression in the country in the last 5-6 years. The views which have been expressed by a former senior of Shri Pooniwalla have no bearing on his own competence, ability or credentials for appointment as a Judge of the High Court of Bombay”.
The collegium in its resolution said on Advocate Jain, ” Enquiries have been made by a member of the Collegium conversant with the affairs of the High Court of Bombay on the issue which has been flagged by the Intelligence Bureau pertaining to his work in the chamber of a senior on the taxation side about 20 years ago. Enquiries have indicated that while it is correct that the candidate had ceased working in the chamber of that senior, he subsequently joined the chamber of a noted senior counsel at the Bar. The fact of the candidate having left the chamber of a senior earlier has no bearing on his ability, competence or integrity. Keeping in mind the above aspects and on an overall consideration of the proposal for his elevation, the Collegium is of the considered opinion that Shri Jitendra Shantilal Jain is suitable for appointment as a Judge of the High Court of Bombay.”
The Collegium also stated Brahme is a competent lawyer with around 30 years of practice in civil, criminal, constitutional, and service law cases, and nothing adverse had been placed by the Department of Justice in his file.
The Bombay High Court Chief Justice made the recommendations on September 26, 2022, in consultation with his two senior-most colleagues, and the file was forwarded by the Department of Justice to the Supreme Court on April 26, 2023, the collegium stated.
The chief ministers and governors of the states of Maharashtra and Goa have concurred with the recommendation, it said.
“In terms of the memorandum of procedure, with a view to ascertaining the fitness and suitability of the candidates for elevation to the high court, judges of the Supreme Court conversant with the affairs of the High Court of Bombay were consulted,” it said.
