The collegium also recommended the transfer of an Acting Chief Justice of a high court to serve as a judge at another high court.
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THE Supreme Court Collegium has recommended the appointment of the Punjab and Haryana High Court's Justice Augustine George Masih as the Chief Justice of the Rajasthan High Court. The office of the Chief Justice of the Rajasthan High Court had been lying vacant since the elevation of its previous Chief Justice, Justice Pankaj Mithal, to the Supreme Court in February.
Justice Masih was appointed as a judge of the Punjab and Haryana High Court on July 10, 2008. He is the seniormost puisne judge at his parent high court, which presently has no representation among the Chief Justices of the high courts.
The collegium, which comprises Chief Justice of India Dr D.Y. Chandrachud and Justices S.K. Kaul and K.M. Joseph, noted in its resolution published yesterday regarding the recommendation that the judge(s) it consulted regarding the suitability of Justice Masih for appointment as the Chief Justice of the Rajasthan High Court had concurred with the proposed appointment.
The collegium has also proposed to the Union government to notify the transfer of the Acting Chief Justice of the Madras High Court Justice T. Raja to the Rajasthan High Court as a judge. The collegium had originally proposed the transfer of Justice Raja to the Rajasthan High Court on November 16, 2022. As per the collegium's resolution pertaining to this, on November 23, 2022, Justice Raja had sought reconsideration of his transfer. The collegium, however, affirmed its decision upon reconsideration the next day.
The collegium resolution notes, "Justice Masih, who was appointed as a judge on 10 July 2008 is senior in appointment to Justice T Raja who was appointed as a judge on March 31, 2009. The collegium resolves that the transfer of Justice T Raja as a judge of the High Court of Rajasthan be effectuated at the earliest. His continuation even as a judge of the Madras High Court cannot be an impediment to the appointment of Justice S V Gangapurwala as the Chief Justice of the Madras High Court [due to Justice Gangapurwala being senior to Justice Raja]."
The collegium has recommended the appointment of Justice S.V. Bhatti as the Chief Justice of the Kerala High Court. Justice Bhatti, presently serving as the senior-most judge at the Kerala High Court, hails from the High Court of Andhra Pradesh.
The collegium resolution in this regard notes that Justice Bhatti's experience as a senior puisne judge at two high courts, and the fact that no judge of the Andhra Pradesh High Court is serving as Chief Justice at any high court, were relevant factors in deciding on the suitability of Justice Bhatti's elevation to the office of Chief Justice at the Kerala High Court.
The incumbent Chief Justice of the Kerala High Court, Justice S. Manikumar, is retiring on April 23.
The collegium has recommended to the government the elevation of Justice M.S. Ramachandra Rao, presently serving as a judge at the Punjab and Haryana High Court, to helm the Himachal Pradesh High Court as its Chief Justice.
Justice Rao was appointed to the Bench as a judge of the Andhra Pradesh High Court on June 29, 2012. On the bifurcation of the state of Andhra Pradesh, he had opted for the Telangana High Court as his parent high court. He was transferred to the Punjab and Haryana High Court on October 12, 2021.
The collegium resolution recommending his appointment notes that he is the senior-most among puisne judges originating from the Telangana High Court. That Telangana has no representation among Chief Justices of the high courts, and Justice Ramachandra Rao has experience serving at two high courts, were relevant factors in considering his suitability for the post of Chief Justice of the Himachal Pradesh High Court, as per the resolution.
The Himachal Pradesh High Court has had no regular Chief Justice since January 21 this year, when Justice Amjad A. Sayed demitted the office of the Chief Justice. Since then, Justice Sabina had been serving as the Acting Chief Justice there. Though the collegium had recommended the appointment of Justice Sabina as the Chief Justice of that high court on February 7, the government never gave affect to the same, even as she retired yesterday.
Justice Ramesh D. Dhanuka of the Bombay High Court has been recommended for appointment as Chief Justice of that high court by the collegium, but only consequent to the appointment of incumbent Acting Chief Justice of the high court, Justice S.V. Gangapurwala, as Chief Justice of the Madras High Court, which has also been recommended by the collegium.
Justice Dhanuka was appointed as a judge at the Bombay High Court on January 23, 2012, and is due to demit office on May 30, 2023.
If appointed within the next week, he will have a tenure of a little over a month as Chief Justice of the high court.
The Bombay High Court has been functioning without a regular Chief Justice since December 12 last year, when the then Chief Justice, Justice Dipankar Datta got elevated to the Supreme Court.