Loss of seniority owing to government delay is a matter of concern, according to the SC Collegium.
RECOMMENDING FOUR Wednesday, the Supreme Court Collegium expressed severe worry over the loss of seniority of individuals recommended for appointment as judges due to the government’s delay in appointing judicial officials to the Madras High Court.
“The names that have been recommended earlier in time, including repeated names, should not be withheld or neglected, as this compromises their seniority and gives precedence to those recommended later.” “The Collegium has noted the loss of seniority of candidates suggested earlier in time, and it is a cause of severe concern,” the Collegium stated in a statement.
It emphasised that advocate R John Sathyan, whose proposal was reaffirmed on January 17, must be appointed “as soon as possible.”
In separate announcements issued on January 17, the Collegium also recommended five attorneys and three judges for nomination to the Madras High Court. They were appointed. However, Sathyan has not yet been appointed. Even if he is chosen now, Sathyan, who was proposed before them, will be junior to them.
Wednesday, the Collegium proposed the appointment of R Sakthivel, P Dhanabal, Chinnasamy Kumarappan, and K Rajasekar as Madras High Court judges.
The Collegium, led by CJI D Y Chandrachud and included Justices Sanjay Kishan Kaul and K M Joseph, reaffirmed its decision to appoint eminent counsel Harpreet Brar as a judge of the Punjab and Haryana High Court.
The Collegium recommended Brar on July 25, 2022. The administration sent the name back for review on November 25 of last year, according to the statement. The Supreme Court Collegium had referred the name to the High Court Collegium for reconsideration.
“Upon careful evaluation of the matters noted by the Department of Justice, the High Court Collegium, which has been reconstituted with a new member, came to the unanimous conclusion that there was no reason to change its previous recommendation for the elevation of Shri Harpreet Singh Brar,” according to the statement.
The Collegium reiterated Brar’s recommendation, stating, “in addition to being a senior advocate, the candidate has extensive experience practising before the High Court.”
