The Supreme Court Collegium headed by Chief Justice of India DY Chandrachud on Tuesday, May 2, recommended advocate Firdosh Phiroze Pooniwalla for appointment as a Bombay High Court judge. The Collegium declined to consider the Intelligence Bureau's (IB) objection that Firdosh was a junior to an advocate who wrote an article expressing concern over the alleged lack of free speech in the country.
The Collegium, in a resolution released on Tuesday, said, "The Intelligence Bureau has, however, flagged that Pooniwalla had earlier worked under an advocate. It is reported that the said advocate has written an article in a publication in 2020 expressing concerns over the alleged lack of freedom of speech/expression in the country in the last 5-6 years. The views which have been expressed by a former senior of Pooniwalla have no bearing on his own competence, ability, or credentials for appointment as a judge of the High Court of Bombay."
The Collegium, also comprising Justices SK Kaul and KM Joseph, said the consultee-judges have opined that Firdosh is suitable for elevation and that the IB has also stated in its report that he has a good personal and professional image, is not associated with any political party, and nothing adverse has come to notice regarding his integrity.
The Collegium noted that there is no employer-employee relationship between a junior and a senior. Pooniwalla and his former senior practice on the original side of the High Court of Bombay (matters falling under the original jurisdiction of the HC) and the junior counsel associated with the chamber of a senior on the original side are not engaged in a relationship of employer-employee.
"While juniors are associated with the chamber, they are free to do their own work and for all intents and purposes, are entitled to independent legal practice. No adverse comments reflecting on the suitability of the candidate for elevation have been made in the file. The candidate has an extensive practice at the Bar and is specialised in commercial law. The candidate professes Parsi Zoroastrianism and belongs to a minority community," said the Collegium.
The resolution said that keeping in mind the above aspects and on an overall consideration of the proposal for his elevation, the Collegium is of the considered opinion that Firdosh is suitable for appointment as a judge of the High Court of Bombay.
In addition to Pooniwalla, advocates Shailesh Pramod Brahme and Jitendra Shantilal Jain were also recommended for appointment as judges at the Bombay High Court.
The Supreme Court Collegium had previously, in January this year, rejected IB objections about elevating advocates Saurabh Kirpal, Somasekhar Sundaresan, and John Satyan. Saurabh Kirpal’s elevation as a judge of the Delhi High Court was objected to by the IB citing his sexual orientation. But the Collegium rejected this stating that it is irrelevant. The IB objected Somasekhar’s elevation to the Bombay High Court citing an article he wrote criticising the government, and John Satyan’s elevation to the Madras High Court citing that he shared an article criticising Prime Minister Narendra Modi on social media. All of this was rejected by the Collegium. Though the Collegium cleared the names of these advocates for elevation, the Union government is yet to notify their appointments.