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.
