Key Points

Also, Justice Johnson John, Justice G.U. Girish and Justice C.N. Pratheep Kumar, who were functioning as additional judges, were appointed as Permanent Judges of the Kerala High Court.

In May 2023, the Supreme Court Collegium, headed by then CJI DY Chandrachud, had recommended his appointment, noting his “eminent fitness” for the post after reviewing his professional record and inputs from the Intelligence Bureau (IB).

The apex court Collegium had initially deferred the proposal in January 2023 citing certain IB observations.

Subsequently, the Department of Justice forwarded a report dated February 1, 2023, in which the IB clarified that it had “no additional inputs” beyond its earlier observations.

In its statement, the SC Collegium had emphasised Kumar’s long legal career and the positive views expressed by consultee judges.

“The candidate is about 51 years of age and fulfills the income criterion. He 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 constitution, civil and revenue jurisdiction,” it had noted.

“Bearing in mind that the Intelligence Bureau has no additional/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,” added the SC Collegium’s statement.

As per the memorandum of procedure (MoP) governing the appointment of High Court judges, the proposal for the appointment should be initiated by the Chief Justice. If the Chief Minister wishes to recommend any name, it must be forwarded to the Chief Justice for consideration.

The Governor, as advised by the Chief Minister, should forward his recommendation along with the entire set of papers to the Union Minister of Law and Justice as early as possible, but not later than six weeks from the date of receipt of the proposal from the Chief Justice of the High Court.

The proposal is then reviewed by the Centre along with other background inputs before being sent to the CJI, who consults the two senior-most judges of the Supreme Court before finalising a recommendation.

Following the consultations, the CJI will, in the course of 4 weeks, send his recommendation to the Union Minister of Law and Justice.

As per the MoP, as soon as the warrant of appointment is signed by the President, the Secretary of the Department of Justice will inform the Chief Justice, and a copy of such communication will be sent to the Chief Minister.

He will also announce the appointment and issue the necessary notification in the Gazette of India.

- IANS