COLLEGIUUM’S RECENT APPOINTMENTS AND QUESTIONS RAISED
Justice Dinesh Maheshwari and Justice Sanjiv Khanna were the names recommended by the five-judge Supreme Court Collegium headed by Chief Justice of India Ranjan Gogoi on January 10, who were subsequently appointed to the apex court. With the recent appointments, the strength of Supreme Court is now with three vacancies.
This move has been widely questioned over its lack of transparency. In the words of Justice Kailash Gambir, former judge of Delhi High Court, in his letter to the President requesting him to review the recommendations, the elevation of the Karnataka High Court Chief Justice Dinesh Maheswari and Delhi High Court judge Sanjeev Khanna as judges to the Supreme Court is a “black day” for the Indian judiciary. “This is appalling and outrageous that such an earth-shattering decision has been taken to supersede as many as 32 judges which include many chief justices, casting aspersion on their intellect, merit and integrity.”
Bar Council of India (BCI) was of the view that the move is “whimsical and arbitrary” and will lead to “humiliation and demoralisation” of the superseded judges. Some speculations point to the fact that the decision to appoint was not made on the basis of merit.
The decision has raised eyebrows in the whole legal and judicial fraternity because,
- In the previous committee meeting in December consisting of the CJI and Justices Madan Lokur, Sikri, Bobde and Ramana “certain decisions” were taken which the new Collegium has given a “fresh look”. The new collegium has ignored the seniority of chief justice of the High Court of Rajasthan, Pradeep Nandrajog and chief justice of Delhi High Court, Rajendra Menon.
- The collegium’s members had previously superseded Justice Dinesh Maheshwari. Last year he was criticized by the now retired judge of the Supreme Court Justice J Chelameswar on his step of initiating an enquiry against a judge recommended twice by the Supreme Court collegium for elevation to the high court without informing the Collegium. The topic was a hot debate and Justice Maheshwari hit the headlines. Now him being the more deserving and suitable candidate in such a short gap is truly questionable.
- Justice Sanjeev Khanna is the son of late Justice D R Khanna and also happens to be the nephew of the highly respected man in the legal fraternity, late Justice H R Khanna. Moreover he is young and stands at Sl.No. 33 in the combined seniority of high court judges on all-India basis. This means that he has superseded 32 judges senior to him and many of them more meritorious and men of integrity.
This is not the first time that there has been injustice inflicted by the collegium system. Taking the most recent example seen would be of Justice Sanjay Kishan Kaul, who happened to be on the receiving side of the wrath of Justice TS Thakur in the Delhi High Court and later his name was not recommended in the collegium. Though he made it to the Supreme Court eventually but missed on being made a Chief Justice of India. The decision was put on the website of the apex court and the collegium said that it has kept in mind the desirability of giving due representation on the Bench of the Supreme Court, as far as possible, to all the high courts.
This also raises the question of transparency and fairness in the selection process of the collegium system. Chief justice Gogoi making this decision also raises question as he is one of the judges who is at the forefront of the movement for transparency. There have been perceived problems and people were raising question on issues and this decision seem to have aggravated the same.
By-
Bhanu Priya Bhati
Student Reporter- INBA