The collegium has recommended seven appointees to the Gujarat High Court bench and one to the Gauhati High Court bench, and provided reasons for each recommendation in its latest resolutions.
THE Supreme Court Collegium has recommended two advocates and five judicial officers for appointment as judges to the Gujarat High Court, and an advocate for appointment to the bench of the Gauhati High Court.
Advocates Devan Mahendrabhai Desai and Moxa Kiran Thakker have been recommended for elevation to the Gujarat High Court bench. The duo had been recommended for elevation by the collegium of the High Court of Gujarat comprising the then Chief Justice and two senior-most judges on September 16, 2022. The Chief Minister and the Governor of Gujarat had concurred with the recommendation.
According to the Supreme Court Collegium’s resolution, Desai is 52 years old and has considerable standing at the Bar. He practices predominantly in the City Civil Court at Ahmedabad. His experience at the Bar in handling cases at the trial level before the City Civil Court would be an asset, particularly in dealing with civil and commercial work in the Gujarat High Court, according to the Supreme Court Collegium.
“We have duly considered the opinions of the consultee-judges. We have also analysed the [Intelligence Bureau] report and find that Shri Desai enjoys a good personal and professional image and nothing adverse has come to notice against his integrity. In view of the above, the Collegium is of the considered opinion that Shri Devan Mahendrabhai Desai is suitable for being appointed as a Judge of the High Court of Gujarat,” the Collegium resolution reads.
Thakker has been described as a competent lawyer by the Supreme Court Collegium with practice both on the civil and criminal sides.
“The [Intelligence Bureau] has opined that she enjoys a good personal and professional image and nothing adverse has come to notice with regard to her integrity. She has been able to overcome her own physical disabilities and her appointment would bring greater inclusion to the composition of the High Court. In view of the above, the Collegium is of the considered opinion that Ms Moxa Kiran Thakker is suitable for being appointed as a Judge of the High Court of Gujarat“, the Collegium statement reads.
In addition, the collegium has recommended the names of five judicial officers, namely Susan Valentine Pinto, Hasmukhbhai Dalsukhbhai Suthar, Jitendra Champaklal Doshi, Mangesh Rameshchandra Mengdey and Divyeshkumar Amrutlal Joshi for appointment as judges to the Gujarat High Court.
The collegium also noted that while considering the five judicial officers, it took note of the fact that the high court collegium did not recommend two senior judicial officers for elevation. The Supreme Court Collegium has said that it agrees with the reasons recorded by the high court collegium for the same, but the names of these judicial officers and the reasons have not been disclosed.
For the Gauhati High Court bench, the collegium has recommended senior advocate Kardak Ete for appointment. The collegium of the Gauhati High Court, composed of the then Chief Justice and two senior-most judges, unanimously made the recommendation on December 1, 2022 for his appointment as judge. The Chief Ministers and Governors of Assam, Arunachal Pradesh, Mizoram and Nagaland had concurred with the recommendation.
The Supreme Court Collegium notes that the Intelligence Bureau indicates that Ete enjoys a good personal and professional image, and nothing adverse has come to notice with regard to integrity.
“The candidate belongs to a Scheduled Tribe. Besides his own competence and standing at the Bar, the appointment of Shri Kardak Ete will bring greater diversity and inclusion to the High Court,” the collegium resolution notes.