On Monday(13th May), Supreme Court seeks clarification from Himachal Pradesh High Court Registrar on non-elevation of two senior district judges, following formal grievance. Judges claim rightful promotions unjustly bypassed.
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NEW DELHI: On Monday(13th May), The Supreme Court of India called upon the Registrar General of the Himachal Pradesh High Court to clarify the circumstances surrounding the non-elevation of the two most senior district judges in the state. The inquiry follows a formal grievance lodged by these judges, who claim their rightful promotions were unjustly bypassed.
The bench, composed of Justices Hrishikesh Roy and Prashant Kumar Mishra, emphasized the importance of transparency and fairness in the judicial elevation process, verbally noting the necessity to ascertain whether the claims of the petitioners, Chirag Bhanu Singh and Arvind Malhotra, were duly considered by the High Court’s collegium.
The Supreme Court expressed its concerns with the statement:
“If the recently appointed judicial officers are given preference for promotion, it could significantly disadvantage petitioners who have maintained a flawless service history as judicial officers.”
This remark emphasizes the potential implications of overlooking seasoned judicial officers in favor of less experienced ones.
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Further probing into the issue, the Supreme Court has requested detailed information from the High Court’s Registrar about whether there was any reconsideration of the petitioners’ cases in light of a Supreme Court Collegium resolution issued in January of this year. This resolution was intended to guide the High Court in its elevation decisions, reinforcing the need for a merit-based and seniority-respecting approach.
The controversy centers on a plea by the senior district judges who argued that despite their established merit and seniority, the Himachal Pradesh High Court Collegium recommended other, less senior judges for elevation. This decision came even though a January 4 Supreme Court Collegium resolution, which is not publicly available online, had explicitly endorsed considering Singh and Malhotra for elevation. This endorsement was also supported by the Union Law Ministry.
Amidst these allegations, the petitioners have sought an interim stay on the High Court Collegium’s most recent recommendations, pending a thorough review of the selection process. They argue that the current selection approach not only undermines their seniority but also violates constitutional principles, stating-
“The Respondents’ decision to request judgments from officers junior to the Petitioners disregards the seniority of the Petitioners, violating their rights under Articles 14 and 16 of the Constitution of India. The entire process conducted by the High Court collegium is procedurally and substantively flawed, going against established constitutional norms. Consequently, the actions of the Honorable Chief Justice and the collegium are subject to nullification.”
Senior Advocate Arvind Datar, representing the petitioners, expressed to the bench his concerns regarding the biased actions of the High Court Collegium.
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The matter is scheduled for additional discussion on July 15th.
Case Title:
Chirag Bhanu Singh and anr v. State of Himachal Pradesh and ors.