SC asks Himachal HC collegium to reconsider 2 judges for elevation
This story was originally published at 19:33 IST on 6 September 2024
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NEW DELHI – The Supreme Court today asked the Himachal Pradesh High Court collegium to reconsider the names of two district judges for appointment to the high court. The apex court said the chief justice of a high court cannot individually reconsider a recommendation to appoint a judge, and the process can only be done by the collegium acting collectively.
The top court said the procedure adopted in reconsidering the names of the two judges was inconsistent with the law laid down in previous cases. "There was no collective consultation and deliberations by members of the high court collegium," it said. "The decision of the chief justice of the high court, on the suitability of the two petitioners as conveyed in his letter dated 6th March 2024, appears to be an individual decision."
The case has its genesis in district judges Chirag Bhanu Singh and Arvind Malhotra being recommended by the high court collegium for elevation. In January, the Supreme Court collegium sent the proposal for the elevation of the two judges back to the Himachal Pradesh High Court collegium for reconsideration.
The petitioners moved the apex court after the high court collegium, without reconsidering their names, recommended two other judicial officers for elevation. The petitioners said that if the recommended persons were appointed ahead of them, it would amount to ignoring their seniority and long-standing unblemished service. The issue of elevation has to be collectively considered by the high court collegium and not by its chief justice acting alone, they added. End
Reported by Surya Tripathi
Edited by Rajeev Pai
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