New Delhi, May 3
Overruling the Intelligence Bureau’s objections, the Supreme Court Collegium led by Chief Justice of India DY Chandrachud has recommended advocate Firdosh Phiroze Pooniwalla to be appointed as a judge of the Bombay High Court.
The Collegium — which also included Justices SK Kaul and KM Joseph — on Tuesday also recommended the names of advocates Shailesh Pramod Brahme and Jitendra Shantilal Jain for appointment as judges of the Bombay High Court.
The IB had objected to the candidature of Pooniwalla for an article written in 2020 by an advocate under whom Pooniwalla used to work as a junior expressing concerns over alleged lack of freedom of speech/expression in India in the last five-six years.
However, the Collegium in its resolution noted that the views expressed by a former senior of Pooniwalla had no bearing on his own competence, ability or credentials for appointment as a high court judge.
“Keeping in mind the above aspects and on an overall consideration of the proposal for his elevation, the Collegium is of the considered opinion that Shri Firdosh Phiroze Pooniwalla is suitable for appointment as a Judge of the High Court of Bombay,” the Collegium said.
Pooniwalla professed Parsi Zoroastrianism and belonged to a minority community, it noted.
“Moreover, the Collegium notes that Shri Pooniwalla and his former senior practise on the Original side of the High Court of Bombay. Junior counsel associated with the chamber of a senior on the Original side are not engaged in a relationship of employer-employee with their senior. While juniors are associated with the chamber, they are free to do their own work and for all intents and purposes, are entitled to independent legal practice. No adverse comments reflecting on the suitability of the candidate for elevation have been made in the file,” the resolution read.
The Bombay High Court Chief Justice made the recommendations on September 26, 2022 in consultation with his two senior-most colleagues and the file was forwarded by the Department of Justice to the Supreme Court on April 26, 2023, the collegium stated.
The chief ministers and governors of the states of Maharashtra and Goa have concurred with the recommendation, it said.
“In terms of the memorandum of procedure, with a view to ascertaining the fitness and suitability of the candidates for elevation to the high court, judges of the Supreme Court conversant with the affairs of the High Court of Bombay were consulted,” it said.
The collegium said it has scrutinised and evaluated the material placed on record for the purpose of assessing the merit and suitability of the candidates for elevation to the high court.
