Tag: Supreme Court Collegium

  • Centre asks SC to reconsider gay lawyer’s elevation as Delhi HC judge

    By IANS

    NEW DELHI: It is learnt that the Centre has asked the Supreme Court collegium to reconsider its recommendation to elevate senior advocate Saurabh Kirpal, who is openly gay, as a Delhi High Court judge.

    The recommendation of Saurabh Kirpal, who’s the son of former Chief Justice of India BN Kirpal, as a Delhi High Court judge has been mired with controversy for the past four years.

    The openly gay senior advocate and author Saurabh Kirpal recently said that he believed his sexual orientation is the reason behind the delay in his appointment as a judge, a report said.

    However, the Centre claimed that its main objection is his partner, who is a Swiss national. Kirpal is one of the 10 recommendations that the Law Ministry has returned to the collegium, which is headed by Chief Justice of India, DY Chandrachud. The collegium also includes two senior-most judges after Chandrachud.

    According to a source, the Centre has also returned nine names, which were reiterated earlier — two from the Calcutta High Court, two from the Kerala High Court and five from Allahabad High Court. It is learnt that these files were sent to the collegium last week.

    A source familiar with the development said that a report by the Intelligence Bureau (IB) states that Saurabh’s partner could become a security risk.

    ALSO READ | Advocate Saurabh Kirpal says his appointment as judge delayed due to sexual orientation: Report

    According to the Memorandum of Procedure (MoP), if the Supreme Court collegium reiterates its decision, the government is bound to notify the names.

    On Monday, a Supreme Court bench headed by justice Sanjay Kishan Kaul warned against judicial intervention if the government does not act upon the names that were cleared by the collegium. The apex court clarified that once the recommendation has been reiterated, the names have to be cleared.

    The apex court questioned Centre’s counsel, whether its recommendations were withheld since the law passed by Centre on setting up the National Judicial Appointment Commision could not pass the muster.

    On November 11, the Supreme Court expressed its strong discontent over delay in appointment of judges, saying “needless to say that unless the bench is adorned by competent lawyers the very concept of rule of law and justice suffers”.

    NEW DELHI: It is learnt that the Centre has asked the Supreme Court collegium to reconsider its recommendation to elevate senior advocate Saurabh Kirpal, who is openly gay, as a Delhi High Court judge.

    The recommendation of Saurabh Kirpal, who’s the son of former Chief Justice of India BN Kirpal, as a Delhi High Court judge has been mired with controversy for the past four years.

    The openly gay senior advocate and author Saurabh Kirpal recently said that he believed his sexual orientation is the reason behind the delay in his appointment as a judge, a report said.

    However, the Centre claimed that its main objection is his partner, who is a Swiss national. Kirpal is one of the 10 recommendations that the Law Ministry has returned to the collegium, which is headed by Chief Justice of India, DY Chandrachud. The collegium also includes two senior-most judges after Chandrachud.

    According to a source, the Centre has also returned nine names, which were reiterated earlier — two from the Calcutta High Court, two from the Kerala High Court and five from Allahabad High Court. It is learnt that these files were sent to the collegium last week.

    A source familiar with the development said that a report by the Intelligence Bureau (IB) states that Saurabh’s partner could become a security risk.

    ALSO READ | Advocate Saurabh Kirpal says his appointment as judge delayed due to sexual orientation: Report

    According to the Memorandum of Procedure (MoP), if the Supreme Court collegium reiterates its decision, the government is bound to notify the names.

    On Monday, a Supreme Court bench headed by justice Sanjay Kishan Kaul warned against judicial intervention if the government does not act upon the names that were cleared by the collegium. The apex court clarified that once the recommendation has been reiterated, the names have to be cleared.

    The apex court questioned Centre’s counsel, whether its recommendations were withheld since the law passed by Centre on setting up the National Judicial Appointment Commision could not pass the muster.

    On November 11, the Supreme Court expressed its strong discontent over delay in appointment of judges, saying “needless to say that unless the bench is adorned by competent lawyers the very concept of rule of law and justice suffers”.

  • Advocate Saurabh Kirpal says his appointment as judge delayed due to sexual orientation: Report

    Kirpal was part of the team of lawyers that represented Sunil Mehra and Navtej Singh Johar, who were among the petitioners in the landmark case in which the apex court decriminalised homosexuality.

  • In CJI’s presence, advocate voices concern over SC collegium’s independence

    By Express News Service

    NEW DELHI: A senior advocate in the presence of Chief Justice of India UU Lalit on Tuesday flagged concerns about speculation that the Supreme Court collegium sends recommendations for the appointment of judges only if it feels they would be accepted by the government.

    “There are whispers in the air and I hope they are not true, of the collegium thinking that they will send recommendations only if they are going to be accepted by the government. This, I think, is a very dangerous thought… If it’s true, it necessarily means prior informal consultation. That would mean the negation of the independence of the judiciary and of the NJAC judgment,” C S Vaidyanathan said at the M K Nambyar Memorial Lecture organised by SASTRA University.

    He added that if that is to be done, much better would be to review the NJAC verdict by a larger bench and then have a formal process of consultation, rather than having interviews in this manner.  CJI UU Lalit deliveredthe lecture. Speaking at the event, former Attorney General and Senior Advocate KK Venugopal said CJI UU Lalit has brought in significant reforms that have met with positive feedback.

    Ever since Justice Lalit was sworn in as the CJI, the SC has witnessed many firsts. On August 27, when he assumed office, Justice Lalit had plans lined up for his short tenure. He also fulfilled his promise of at least one Constitution bench functioning throughout the year.

    NEW DELHI: A senior advocate in the presence of Chief Justice of India UU Lalit on Tuesday flagged concerns about speculation that the Supreme Court collegium sends recommendations for the appointment of judges only if it feels they would be accepted by the government.

    “There are whispers in the air and I hope they are not true, of the collegium thinking that they will send recommendations only if they are going to be accepted by the government. This, I think, is a very dangerous thought… If it’s true, it necessarily means prior informal consultation. That would mean the negation of the independence of the judiciary and of the NJAC judgment,” C S Vaidyanathan said at the M K Nambyar Memorial Lecture organised by SASTRA University.

    He added that if that is to be done, much better would be to review the NJAC verdict by a larger bench and then have a formal process of consultation, rather than having interviews in this manner.  CJI UU Lalit delivered
    the lecture. Speaking at the event, former Attorney General and Senior Advocate KK Venugopal said CJI UU Lalit has brought in significant reforms that have met with positive feedback.

    Ever since Justice Lalit was sworn in as the CJI, the SC has witnessed many firsts. On August 27, when he assumed office, Justice Lalit had plans lined up for his short tenure. He also fulfilled his promise of at least one Constitution bench functioning throughout the year.

  • SC collegiums headed by CJI Lalit recommend transfer of CJs of Orissa, J&K HCs

    By PTI

    NEW DELHI: The Supreme Court Collegium headed by Chief Justice Uday Umesh Lalit has recommended to the Centre the transfer of Chief Justice (CJ) of Orissa High Court, Justice S Muralidhar and Chief Justice of Jammu and Kashmir High Court Justice Pankaj Mithal as CJs of Madras and Rajasthan high courts respectively.

    The apex court collegium, which also comprised justices D Y Chandrachud and Sanjay Kishan Kaul, has come out with separate statements to this effect and also recommended the names of three high court judges for being elevated as chief justices of Orissa, Karnataka and Jammu and Kashmir high courts.

    The collegiums have recommended the name of Justice Jaswant Singh, Justice P B Varale and Ali Mohammad Magrey as Chief Justices of Orissa, Karnataka and Jammu and Kashmir high courts respectively.

    A separate statement has been issued with regard to the transfer of three other high court judges.

    NEW DELHI: The Supreme Court Collegium headed by Chief Justice Uday Umesh Lalit has recommended to the Centre the transfer of Chief Justice (CJ) of Orissa High Court, Justice S Muralidhar and Chief Justice of Jammu and Kashmir High Court Justice Pankaj Mithal as CJs of Madras and Rajasthan high courts respectively.

    The apex court collegium, which also comprised justices D Y Chandrachud and Sanjay Kishan Kaul, has come out with separate statements to this effect and also recommended the names of three high court judges for being elevated as chief justices of Orissa, Karnataka and Jammu and Kashmir high courts.

    The collegiums have recommended the name of Justice Jaswant Singh, Justice P B Varale and Ali Mohammad Magrey as Chief Justices of Orissa, Karnataka and Jammu and Kashmir high courts respectively.

    A separate statement has been issued with regard to the transfer of three other high court judges.

  • Supreme Court Collegium approves proposal for elevation of advocate as Judge in Patna HC

    By PTI

    NEW DELHI: The Supreme Court collegium headed by Chief Justice N V Ramana Tuesday approved the proposal for the elevation of an advocate as a Judge in the Patna High Court.

    “The Supreme Court Collegium in its meeting held on February 8, 2022, has approved the proposal for elevation of Shri Harish Kumar, Advocate, as Judge in the Patna High Court,” the resolution of the collegium stated.

    The collegium, which also comprised senior-most judges Justices U U Lalit and A M Khanwilkar, held deliberations today and the resolution was uploaded on the apex court website.

  • SC Collegium approves proposal for appointment of 3 additional judges as permanent judges

    By PTI

    NEW DELHI: The Supreme Court Collegium has approved the proposal for appointment of three additional judges of the Bombay High Court as permanent judges.

    The Collegium headed by Chief Justice N V Ramana, in a meeting held on December 14, took the decision and the resolution was uploaded on the apex court website on Thursday.

    The three additional judges of the Bombay High Court whose names have been approved are Madhav Jayajirao Jamdar, Amit Bhalchandra Borkar and Shrikant Dattatray Kulkarni.

    The Collegium also resolved to recommend that Justice Abhay Ahuja be appointed as additional judge of the Bombay High Court for a fresh term of one year with effect from March 4, 2022.

    In another decision, the Collegium has approved the proposal for appointment of additional judge Justice Aniruddha Roy of the Calcutta High Court as permanent judge of that high court.

    Besides Ramana, Justices U U Lalit and A M Khanwilkar are part of the three-member Collegium which takes decisions with regard to high court judges.

  • Madras HC Chief Justice Sanjib Banerjee to be transferred to Meghalaya apex court

    By Express News Service

    NEW DELHI/CHENNAI :  The Supreme Court Collegium on Tuesday recommended the transfer of Madras High Court Chief Justice Sanjib Banerjee to the Meghalaya High Court.

    According to a statement uploaded on the apex court website, the collegium headed by Chief Justice of India NV Ramana, in a meeting held on September 16, also recommended the transfer of Justice Munishwar Nath Bhandari of the Allahabad High Court to the Madras High Court.

    Chief Justice Sanjib Banerjee was appointed the Chief Justice of Madras High Court in January 2021 and has not yet completed a year after being appointed the same. 

    He is known for making strong observations in court and his oral comments that the Election Commission should be booked on murder charges for the lack of Covid norms followed in the election process was one among the important statements. 

    Justice Sanjib Banerjee had also earlier categorically said the welfare of fishermen should be the first preference over beautification of the Marina beach.

  • 68 names recommended by collegium set to be appointed as HC judges soon: Sources

    The appointments will not happen in one go and will take place in batches, the sources indicated.

  • Supreme Court Collegium recommends re-transfer of Justice Joymalya Bagchi from Andhra HC to Calcutta HC

    By PTI

    NEW DELHI: The Supreme Court Collegium headed by Chief Justice of India (CJI) N V Ramana has recommended to the Centre to re-transfer Justice Joymalya Bagchi from Andhra Pradesh to the Calcutta High Court.

    Justice Bagchi, who was elevated as a judge of the Calcutta High Court in 2011, was transferred to the Andhra Pradesh High Court earlier this year.

    The collegium, which also comprised justices U U Lalit and A M Khanwilkar, has recommended that Justice Bagchi be transferred back to his parent high court.

    “The Supreme Court Collegium in its meeting held on September 16, 2021, has recommended re-transfer of Justice Joymalya Bagchi, Judge, Andhra Pradesh High Court to Calcutta High Court,” the statement, uploaded on the apex court website, said.

    Justice Bagchi graduated in law in 1991 and practiced before the Calcutta High Court before being appointed as the judge there in 2011.

    Earlier, the collegium on Tuesday decided to recommend to the Centre the transfer of six more judges in different high courts of the country.

  • Supreme Court collegium recommends transfer of six more HC judges

    By PTI

    NEW DELHI: The Supreme Court collegium headed by Chief Justice N V Ramana Tuesday decided to recommend to the Centre the transfer of six more judges in different high courts of the country.

    Close on the heels of its decisions on September 16 to transfer five chief justices and elevate eight judges as chief justices of different high courts, the collegium, also comprising justices U U Lalit and A M Khanwilkar, again met on Tuesday to recommend more transfer of high court judges.

    “The Supreme Court Collegium in its meeting held on September 21, 2021 has recommended transfer of Mr.Justice Sureshwar Thakur, Judge Himachal Pradesh High Court to Punjab and Haryana High Court,” the statement, uploaded on the apex court’s site, said.

    In another statement, pertaining to a decision taken on Tuesday, the collegium “reiterated its earlier recommendation regarding transfer of the Judges of High Courts.”

    Justice Rajan Gupta, whose parent high court is Punjab and Haryana, has been recommended to be transferred to Patna High Court, it said, adding, Justice P B Bajanthri of the Karnataka High Court would be transferred to the Patna High Court if the recommendations are accepted by the Centre.

    Justice Sanjeev Prakash Sharma of the Rajasthan High Court is recommended to be transferred to the Patna High Court, it said, adding that Justice T Amarnath Goud of the Telangana High Court would assume charge at the Tripura High Court.

    The statement said Justice Subhash Chand of the Allahabad High Court has been recommended to be sent to the Jharkhand High Court.

    Earlier in the day, the apex court put the recommendations made on September 16 on its website and as per them, thirteen high courts in the country will get new Chief Justices (CJs).

    The collegiums had recommended to the Centre eight names, including acting Calcutta High Court CJ, Justice Rajesh Bindal, for elevation and transfer of five sitting CJs to other high courts.

    The collegiums, in its meeting held on September 16, also recommended “transfer/re-transfer” 17 high court judges.