New Delhi: In a big shame for the Bombay High Court, both the Center and Collegium SC have disagreed by the way HC chose the names of 18 advocates to appoint as HC judges during the brief tenure of BP Dharmadhikari last year.
Names have been sent back to reconsider.
In a hurry choice so many advocates and non-scouting talents available before Bombay HC Benches in Goa, Aurangabad and Nagpur were marked by Judge SC Am Khanwilkar and Dy Chandrachud, who was a consultant judge for the time Cji Sa Bobde.
The decision to ask HC to reconsider the names was embarrassing for Justice Bobde, only a month before retiring, trying to encourage an appointment.
If Judge Bobde does not heed the material minds by both SC judges, which comes from Bombay HC, it is a center that highlights services in ordering them to restore all names to reconsider the Collegium SC three members, now heading by CJI NV Ramana, and which includes Khanwilkar justice.
Justice Chandrachud is now part of the Collegium SC five members.
The government returned the names on August 12 to Collegium SC, which on August 17 decided to send the name back to Bombay HC to be reconsidered.
The Ministry of Law Union on September 6 wrote a letter along with the returned names that asked HC to reconsider their suitability, the official source said.
Bombay HC, during the very short working period of CJ Dharmadhikari, recommended 22 names – 18 advocates and four judicial officers – to appoint as a judge.
The four justice officers have been appointed as HC judges near the middle.
Both Hakes Khanwilkar and Chandrachud in writing Cjde were informed to send all names back to present Bombay HC Datta Datta for effective evaluation and maintain objectivity in the constitutional process for the selection of HC judges.
The source said the two judges had felt that Bombay HC, was in the country’s financial capital, a judge needed with domain knowledge in the field of law that emerged and suggested that since Datta had become chairman of justice for a long time, he must be asked to reconsider.
name.
When Cji Bobde asked the Chandrachud judge to determine the objection to the individual, the last one had written a more stinging response and said when he suggested the restrictions on the entire list, to give an opinion about the individual will “picking cherries”, the sources are said.
After less encouraging the views of Judge KhanwiLkar and Chandrachud, CJI has been seeking to the opinion of your Justice Lalit on the names.
With just a little more than a month to go for his retirement, Cji Bobde felt that vacancies in Bombay HC need to be filled with immediately and scheduled a colleagium meeting without waiting for a response from Justice Lalit.
The meeting found 13 of 22 which was suitable for the appointment – nine advocates and four judicial officers.
Judge Dharmadhikari acted CJ from Bombay HC from February 20 to March 19 last year.
He was CJ from March 20 to his retirement on April 27, 2020.
Judge Khanwilkar and Chandrachud said it would be almost impossible for the main justice to prepare a list of 22 short candidates.
They said the selection of a candidate requires HC CJ to witness the performance of supporters, consult with bar leaders and colleagues about the integrity, abilities and abilities of each individual.
They said most of the recommended people were in and about 55 years and appointed people from this age group would not be advised because they would have a short period of work about six years as HC judges, who retired at the age of 62 years