In a significant ruling, the Supreme Court of India has directed the Himachal Pradesh High Court collegium to reevaluate the elevation of two senior district judges, Chirag Bhanu Singh and Arvind Malhotra. Their names, which had previously been set aside, were the subject of a writ petition where the judges argued that their merit and seniority were unfairly overlooked.
The Supreme Court, led by a bench consisting of Justice Hrishikesh Roy and Justice Prashant Kumar Misra, found that the High Court Chief Justice made this decision unilaterally, without proper consultation with the other collegium members. The bench emphasized that this went against the established legal norms, highlighting the lack of collective deliberation by the collegium.
Judges Singh and Malhotra, who hail from Bilaspur and Solan respectively, had been recommended for elevation to the High Court in December 2022. However, their names were deferred by the Supreme Court collegium on July 12, 2023, with a plan to revisit the matter later. In January 2024, the Supreme Court collegium remitted the proposal to the Chief Justice of the Himachal Pradesh High Court for fresh consideration, followed by a formal request from the Union Law Minister for reconsideration.
The Supreme Court’s decision came after reviewing a report submitted by the Registrar General of the Himachal Pradesh High Court. Senior Advocate Arvind Datar, representing the petitioners, argued that their qualifications had not been properly reviewed during the initial evaluation, with even their judgments being overlooked.
The Supreme Court's ruling is a reminder of the importance of adhering to established procedures in judicial appointments, ensuring fairness and transparency. It also directs the High Court collegium to reconsider the two judges' elevation in line with the Supreme Court's resolution and the Union Law Minister’s request, ensuring no other candidates are considered until the matter is resolved.
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