IB fails to verify adverse report: SC Collegium recommends advocate for appointment as Allahabad HC judge

The collegium had earlier this year deferred the proposal for advocate Arun Kumar's appointment to the high court Bench in view of a seemingly adverse report filed against him by the Intelligence Bureau (IB). After the collegium asked the IB to provide specific material to support its claims and the IB failed to do so, the collegium took note of other factors favourable to Kumar's candidature, and recommended his appointment as a judge.

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ON May 9, the Supreme Court Collegium recommended the appointment of advocate Arun Kumar as judge of the Allahabad High Court. The collegium resolution to this effect revealed that the Intelligence Bureau (IB) had failed to provide to the collegium any verifiable material against the candidature of Kumar. The collegium, comprising Chief Justice of India (CJI) Dr D.Y. Chandrachud and Justices S.K. Kaul and K.M. Joseph, signed off the resolution to this effect on Tuesday.

The collegium of the Allahabad High Court, on September 2, 2022 had recommended Kumar's elevation to the high court Bench. However, the Supreme Court Collegium, on January 12 this year, deferred the proposal for his elevation in view of a report of the IB.

It is not clear from the resolution of the collegium as to what exactly the inputs from the IB against Kumar were, as the collegium has chosen to withhold them from public disclosure. However, what is clear from the resolution is that the Supreme Court Collegium, on January 12 this year, requested the IB to furnish specific material, if any, on the basis of which a seemingly adverse conclusion had been drawn by the IB in its report against Kumar.

On May 3, the Union Department of Justice forwarded to the Supreme Court a report dated February 1, 2023 by the IB stating that it did not have anything to add to its earlier inputs.

Ignoring the earlier inputs of the IB, the collegium decided to recommend Kumar for elevation, noting that three consultee-judges had positively opined about his suitability as a candidate, while another consultee-judge had not expressed any opinion. Besides, the collegium took into account the fact that the Chief Minister and the governor of Uttar Pradesh had concurred with the recommendation to appoint Kumar as judge of the high court.

The collegium noted that Kumar is about 51 years of age, fulfils the income criterion (it is not clear what this criterion is), and has put in over 25 years of practice at the Bar and has experience of conducting a wide range of cases before the high court in its constitution, civil and revenue jurisdiction.

"Having regard to the above aspects and bearing in mind that the Intelligence Bureau has no additional or specific inputs or verifiable material, the collegium is of the considered opinion that the candidate is eminently fit and suitable for appointment as a judge of the High Court of Judicature at Allahabad," the collegium resolution read.