The Supreme Court on Wednesday recommended the names of Justices Bhushan Ramkrishna Gavai and Surya Kant for elevation to the Supreme Court, Bar and Bench reported. Gavai is currently serving as a judge in the Bombay High Court and Surya Kant is the chief justice of Himachal Pradeh High court.
In its resolution, the Collegium said the judges’ names have been recommended after taking into consideration their seniority, conduct, competence and integrity.
With Gavai’s elevation, the Supreme Court will have a judge belonging to Scheduled Caste category after about a decade, the Collegium said. The resolution, however, further states: “His [Gavai’s] recommendation, in no way, is to be misconstrued to mean that three senior-most Judges from Bombay High Court [two of whom are serving as Chief Justices] are less suitable than Justice Gavai.”
Justice Surya Kant’s elevation was also recommended while “keeping in mind the desirability of giving due representation to all the high courts”.
Born on November 24, 1960, Justice Gavai started practising at the Bombay High Court in 1985. He served as assistant government pleader, additional public prosecutor and public prosecutor. He was appointed additional judge of the Bombay High Court in 2003.
Justice Surya Kant started from the Hisar district courts in 1984 before shifting practising at the Punjab and Haryana High Court a year later. He served as the advocate general, Haryana, till from 2001 to 2004 when he was elevated as a permanent judge to the Punjab and Haryana High Court. Justice Surya Kant’s name was mired in controversy in 2018 with Justice AK Goel demanding an inquiry against him. However, the Collegium stood by its decision to elevate him as the Himachal Pradesh chief justice and the inquiry never took place.
Collegium rejects Centre’s objection to elevation of two justices
The Supreme Court Collegium on Wednesday rejected the Centre’s objections and reiterated its proposal to recommend Justices Aniruddha Bose and AS Bopanna for elevation to the Supreme Court, reported Live Law.
The Collegium had first recommended the two names on April 12. But the Centre reportedly returned their files. The government said their elevation would go against the principle of regional representation. Bose is from Calcutta High Court while Bopanna belongs to Karnataka High Court. The Centre said both these high courts have already been adequately represented in the Supreme Court.
“… the Collegium resolves to reiterate the afore-mentioned recommendation dated 12th April, 2019, especially since nothing adverse regarding competence, conduct or integrity of Mr. Justices (1) Aniruddha Bose, and (2) A.S. Bopanna, has been pointed out,” read the Collegium’s resolution.
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