SC Collegium recommends names of judicial officers, advocates as Gujarat, Gauhati HC judges

The Supreme Court Collegium headed by Chief Justice DY Chandrachud has recommended the names of five judicial officers and two advocates for appointment as judges in the Gujarat High Court. The Collegium also recommended the appointment of senior advocate Kardak Ete as a judge of the Gauhati High Court.

The Collegium, which also comprises justices Sanjay Kishan Kaul and KM Joseph, on Thursday resolved to recommend the names of Judicial Officers Susan Valentine Pinto, Hasmukhbhai Dalsukhbhai Suthar, Jitendra Champaklal Doshi, Mangesh Rameshchandra Mengdey, and Divyeshkumar Amrutlal Joshi and advocates Devan Mahendrabhai Desai and Moxa Kiran Thakker.

With regard to judge Pinto, the Collegium noted she is from the Higher Judicial Service of the state of Gujarat and an experienced judicial officer.

"Nothing adverse to her integrity has been placed on record. In view of the above, the Collegium is of the considered opinion that Ms Susan Valentine Pinto is fit and suitable for being appointed as a Judge of the High Court of Gujarat," it noted.

On judge Suthar and judge Doshi's name, the Collegium noted nothing adverse to their integrity has been placed on record.

On the name of judicial officer Mengdey, the Collegium considered the report of the Judgment Committee in the High Court which has assessed the judgements of the candidate under consideration, report of the Intelligence Bureau and the opinion of the consultee-judges with regard to suitability.

"Nothing adverse to his integrity has been placed on record. In view of the above, the Collegium is of the considered opinion that Shri Mangesh Rameshchandra Mengdey is suitable for being appointed as a Judge of the High Court of Gujarat," it said.

With regard to judge Joshi, the Collegium found nothing adverse to his integrity.

"In view of the above, the Collegium is of the considered opinion that Shri Divyeshkumar Amrutlal Joshi is suitable for being appointed as a Judge of the High Court of Gujarat. While considering the above proposal, the Collegium has also taken note of the fact that the above proposal involves non recommendation of two senior Judicial Officers.

"In this regard, we find that the High Court Collegium has duly recorded reasons for not recommending the names of those Judicial Officers. We are in agreement with the justification given by the High Court Collegium in its minutes for not recommending the senior Judicial Officers," the resolution uploaded on the apex court website said.

The SC collegium noted that the Collegium of the Gujarat High Court comprising the then Chief Justice and two senior-most Judges unanimously made the recommendation to appoint the two advocates as judges on September 26, 2022.

The chief minister and the Governor of the State of Gujarat have concurred with the recommendation, it said.

"In order to ascertain the fitness and suitability of the advocates for elevation to the High Court, in terms of the Memorandum of Procedure, the Judges of the Supreme Court conversant with the affairs of the High Court of Gujarat were consulted.

"For the purpose of assessing the merit and suitability of the candidates for elevation to the High Court of Gujarat, we have scrutinised and evaluated the material placed on record, including the inputs furnished by the Intelligence Bureau. We have also perused the observations made by the Department of Justice in the file," the Collegium said.

The Collegium noted in its resolution that Desai is 52 years old and has considerable standing at the Bar and practices predominantly in the City Civil Court at Ahmedabad.

"His experience at the Bar in handling cases at the trial level before the City Civil Court would be an asset particularly in dealing with civil and commercial work in the High Court of Gujarat. We have duly considered the opinions of the consultee-judges.

"We have also analysed the IB report and find that Shri Desai enjoys a good personal and professional image and nothing adverse has come to notice against his integrity," the Collegium said.

"In view of the above, the Collegium is of the considered opinion that Shri Devan Mahendrabhai Desai is suitable for being appointed as a Judge of the High Court of Gujarat," it added.

On Thakker's name, the Collegium duly considered the concurrent opinion of the consultee-judges in regard to her suitability for elevation to the High Court.

"She has been opined to be a competent lawyer with practice both on the civil and criminal sides. The IB has opined that she enjoys a good personal and professional image and nothing adverse has come to notice with regard to her integrity. She has been able to overcome her own physical disabilities and her appointment would bring greater inclusion to the composition of the High Court.

"In view of the above, the Collegium is of the considered opinion that Ms Moxa Kiran Thakker is suitable for being appointed as a Judge of the High Court of Gujarat. In view of the above, the Collegium resolves to recommend that Shri Devan Mahendrabhai Desai and Ms Moxa Kiran Thakker, Advocates, be appointed as Judges of the High Court of Gujarat. Their inter se seniority be fixed as per the existing practice," it said.

The Collegium unanimously made the recommendation of Kardak Ete, who belongs to a Scheduled Tribe, on December 1, 2022.

The chief ministers and governors of the states of Assam, Arunachal Pradesh, Mizoram and Nagaland have concurred with the recommendation, it noted.

The Supreme Court Collegium noted, "In order to ascertain the fitness and suitability of Kardak Ete for elevation to the High Court, in terms of the Memorandum of Procedure, the judges of the Supreme Court conversant with the affairs of the Gauhati High Court were consulted.

"For the purpose of assessing the merit and suitability of Kardak Ete for elevation to the High Court, we have scrutinised and evaluated the material placed on record. We have also perused the observations made by the Department of Justice in the file...

"The report of the Intelligence Bureau indicates that he enjoys a good personal and professional image and nothing adverse has come to notice with regard to integrity. The candidate belongs to a Scheduled Tribe. Besides his own competence and standing at the Bar, the appointment of Kardak Ete will bring greater diversity and inclusion in the High Court. The Collegium, therefore, resolves to recommend that Kardak Ete, Advocate, be appointed as a judge of the Gauhati High Court," the resolution stated. 

With inputs from PTI