JUSTICE B.V. NAGARATHNA, a Supreme Court judge and member of the collegium, has strongly opposed the recommendation to appoint Chief Justice of Patna High Court, Vipul Manubhai Pancholi, as a judge of the Supreme Court of India, according to a report by Hindustan Times. The Supreme Court has not issued any statement denying the report.
Although Justice Nagarathna requested that her note of dissent be uploaded on the Supreme Court’s website, in line with the Court’s recent emphasis on transparency and publishing Collegium decisions, the Supreme Court administration, led by Chief Justice of India B.R. Gavai has not yet made it public. Moreover, the statement issued on the Court’s website yesterday regarding the recommendation to appoint two judges to the Supreme Court was conspicuously silent on the dissent.
In her dissent, as reported by Hindustan Times, Justice Nagarathna stated that Justice Pancholi’s appointment to the Supreme Court would be “counterproductive” to the administration of justice and could put the credibility of the Collegium system at stake.
Referring to Justice Pancholi’s transfer from the Gujarat High Court to the Patna High Court in 2023, Justice Nagarathna noted that it was not a routine transfer but followed careful deliberation at the highest levels. She called for the confidential minutes of the 2023 transfer to be perused.
Justice Nagarathna also highlighted the all-India seniority of judges, noting that Justice Pancholi ranks 57th among High Court judges nationwide. In her assessment, several more senior and meritorious judges from various High Courts could be considered ahead of him.
