Gujarat HC judge opposed by one collegium member elevated to SC

Acting NEW DELHI: Acting on the recommendation the Supreme Court collegium made two days ago, the Centre on Tuesday notified the appointment of Justices Alok Aradhe and Vipul Manubhai Pancholi, chief justices of Bombay and Patna high courts, respectively, as justices of the apex court. The two judges will take oath on Thursday.

One collegium member, Justice B V Nagarathna, had given a note of dissent over the choice of Justice Pancholi. The elevation of Justice Pancholi, in line to become CJI in Oct 2031 after the retirement of Justice Joymalya Bagchi, was opposed by Justice Nagarathna, who pointed out that he was 57th in the seniority list and the reasons behind his transfer from Gujarat HC to Patna HC in July 2023 must be looked into.

In May too, Nagarathna had objected to Pancholi's elevation

Justice B V Nagarathna also said that Justice Pancholi was from Gujarat HC, which was already represented by Justices J B Pardiwala and Justice N V Anjaria, while underlining the reprimand the CJ of Patna high court got from Justice Vikram Nath.

However, the other four members of the collegium - CJI B R Gavai, and Justices Surya Kant, Vikram Nath and J K Maheshwari - found both Justices Aradhe and Pancholi to be suitable and competent for appointment.

Justice Nagarathna had earlier, too, objected to Justice Pancholi's elevation to the apex court in May this year, leading the collegium to defer his name and instead recommend the name of Justice Anjaria.

In her two-page dissent note, Justice B V Nagarathna had noted that recommending Justice Pancholi's name for appointment as Supreme Court judge, despite the reasons cited by her, could "erode whatever credibility the collegium system still holds".

She wanted the collegium to reflect on the July 2023 transfer of Justice Pancholi, which was "not a routine transfer, but a carefully considered move made after consultations with several senior judges, all of who concurred with the decision".