Union government clears appointment of three judges to the Bombay HC, advocate Somasekhar Sundaresan ignored once again

The Intelligence Bureau (IB) had objected to the appointment of advocate Firdosh Phiroze Pooniwalla, one of the judges whose appointment has been cleared, on the ground that he had earlier worked under an advocate who had written an article expressing concerns over the alleged lack of freedom of speech and expression in the country in the last five–six years.

The Union government on Friday cleared the appointment of advocate Firdosh Phiroze Pooniwalla as judge of the Bombay High Court.

The Intelligence Bureau (IB) had objected to his appointment on the ground that he had earlier worked under an advocate who had written an article expressing concerns over the alleged lack of freedom of speech and expression in the country in the last five–six years.

The Supreme Court Collegium, which comprises Chief Justice of India (CJI) Dr D.Y. Chandrachud and Justices Sanjay Kishan Kaul and K.M. Joseph, observed in a resolution published last month that the views expressed by a former senior of Pooniwalla had no bearing on his own competence, ability or credentials for appointment as a judge of the high court. 

The government has also appointed advocate Jitendra Shantilal Jain to the Bombay High Court Bench. The IB had flagged his work in the chamber of a senior on the taxation side about 20 years ago. The collegium noted that nothing adverse had been reported about Jain’s integrity.

The elevation of advocate Shailesh Pramod Brahme to the Bombay High Court Bench has also been cleared by the government. There was no reference to any IB inputs regarding him in the resolution passed by the collegium. 

All three names had been recommended by the collegium on May 2, 2023.

The government is yet to appoint advocate Somasekhar Sundaresan as judge of the Bombay High Court even though his name was recommended as far back as February 16, 2022. On January 18 this year, the collegium reiterated his name while overruling the objections raised by the Union government that Sundaresan had aired his views on social media on several matters which are the subject matter of consideration before courts.