supreme court collegium resolution

Supreme Court: Supreme Court Collegium passed five resolutions dated 19-04-2023, headed by Dhananjaya Y. Chandrachud, C.J., Sanjay Kishan Kaul and K.M. Joseph J.J., recommending appointment of five judges as the Chief Justices of Madras High Court, Bombay High Court, Himachal Pradesh High Court, Rajasthan High Court and Kerela High Court.

The Collegium recommended the appointment of Justice S.V. Gangapurwala as the Chief Justice of Madras High Court.

The Collegium stated that the Office of the Chief Justice of the Madras High Court had been vacant since some time since the retirement of Justice M.N. Bhandari. Justice Gangapurwala was the senior-most Judge of the Bombay High Court who had been serving as the Acting Chief Justice of the Bombay High Court for the last 4 months. In terms of the Memorandum of Procedure, the Consultee Judges have also concurred with the proposed appointment. Accordingly, the Collegium was of the view that Justice S.V. Gangapurwala be appointed as the Chief Justice of the Madras High Court.

Further, the Collegium recommended the appointment of Justice Ramesh D. Dhanuka as the Chief Justice of the Bombay High Court.

He is next in order of seniority in the Bombay High Court after Justice S.V. Gangapurwala and has served at the High Court with distinction since his appointment. Over the last 11 years, he has acquired sufficient experience on the Judicial and Administrative side as a puisne Judge of the High Court. In terms of the Memorandum of Procedure, the Consultee Judges have also concurred with the proposed appointment. Accordingly, the Collegium was of the view that Justice Ramesh D. Dhanuka be appointed as the Chief Justice of the Bombay High Court.

The Supreme Court Collegium passed a third resolution dated 19-04-2023, recommending appointment of Justice M.S. Ramachandra Rao as the Chief Justice of the Himachal Pradesh High Court.

The Office of the Chief Justice of the Himachal Pradesh High Court had been vacant since the retirement of Justice Amjad A Sayed. Justice M.R. Ramachandra Rao was appointed as the Judge of Andhra Pradesh High Court but upon the bifurcation of the State of Andhra Pradesh, he opted for Telangana as his parent High Court. He is the senior-most among puisne Judges originating from the High Court for the State of Telangana and had also been functioning on transfer as a Judge of the Punjab and Haryana High Court since 12-10-2021. In terms of the Memorandum of Procedure, the Consultee Judges have also concurred with the proposed appointment. Accordingly, the Collegium was of the view that Justice M.S. Ramachandra Rao be appointed as the Chief Justice of the Himachal Pradesh High Court.

In a fourth resolution passed by the Supreme Court Collegium, Justice Augustine George Masih recommending appointment as the Chief Justice of the Rajasthan High Court.

The Office of Chief Justice in the Rajasthan High Court had fallen vacant consequent to the elevation of Justice Pankaj Mithal to the Supreme Court. Justice Masih was appointed as a Judge of the Punjab and Haryana High Court dated 10-07-2008 and had acquired experience of dispensing justice in a High Court having jurisdiction over two States. He is the seniormost puisne Judge in his parent High Court which had no representation among the Chief Justices of the High Courts. In terms of the Memorandum of Procedure, the Consultee Judges have also concurred with the proposed appointment. Accordingly, the Collegium was of the view that Justice Augustine George Masih be appointed as the Chief Justice of the Rajasthan High Court.

By way of a fifth resolution dated 19-04-2023, the Supreme Court Collegium recommended appointment of Justice S.V. Bhatti as the Chief Justice of the Kerela High Court.

The office of the Chief Justice of the Kerela High Court is going to fall vacant very shortly consequent upon the retirement of Justice S. Manikumar. Justice Bhatti is the senior-most Judge of the Andhra Pradesh High Court who is presently functioning on transfer as the senior most Judge of the Kerela High Court. His experience as a senior puisne Judge in two High Courts would be useful for him in dispensing justice as Chief Justice of the Kerela High Court. In terms of the Memorandum of Procedure, the Consultee Judges have also concurred with the proposed appointment. Accordingly, the Collegium was of the view that Justice S.V. Bhatti be appointed as the Chief Justice of the Kerela High Court.

The Supreme Court Collegium resolution dated 19-04-2023, headed by Dhananjaya Y. Chandrachud, C.J., Sanjay Kishan Kaul, K.M. Joseph, M.R. Shah and Ajay Rastogi recommended the transfer of Justice S. Muralidhar, Chief Justice of the Orrisa High Court to the Madras High Court be recalled.

The Collegium had resolved to transfer him to the Madras High Court, the recommendation of which has remained pending with the Government of India since then without response. He now demits office on 07-08-2023, leaving less than 4 months’ time. In view of the delay, the Collegium recalled to facilitate the appointment of a permanent Chief Justice in the Madras High Court t by the appointment of Justice S V Gangapurwala as its Chief Justice, as the High Court has remained without a permanent Chief Justice for more than 6 months.

Further, the Collegium approved the proposal for elevation of the following Judicial Officers as Judges in the Kerela High Court:

  1. Shri C. Jayachandran
  2. Smt. Sophy Thomas
  3. Shri P.G. Ajithkumar
  4. Smt. C.S. Sudha

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