Consider Elevation Of Justice Rajendra Menon To SC: Bar Council Of Delhi Appeals To The Collegium
The Bar Council of Delhi (BCD) has appealed to the Supreme Court Collegium to consider the candidature of Justice Rajendra Menon, Chief Justice of Delhi High Court, for elevation to the Supreme Court.
The BCD resolution states, "It is further resolved that the Senior Judges of the Delhi High Court as also the Chief Justice of Delhi High Court, who have been ignored by the Collegium should be considered by the Collegium and elevated by the Hon'ble Supreme Court along with Justice Sanjeev Khanna, who has already been recommended vide Resolution dated 10.01.2019."
The matter pertains to the Collegium's revocation of its decision taken in December last year to recommend elevation of Justice Pradeep Nandrajog, Chief Justice of Rajasthan High Court, and Justice Menon. Through resolutions passed in January, the Collegium instead recommended elevation of Justice Sanjiv Khanna and Justice Dinesh Maheshwari to the Supreme Court.
Expressing concern over the revocation, the BCD resolution states, "…the question is not about the individuals, but of the institutions, substantially affecting their credibility, since such kind of decisions at the highest level do bring discredit. The functioning of the collegium has been questioned, even at the level of High Court when competent advocates are ignored.
Needless to mention that although seniority per se has not been the only criteria for appointment of Supreme Court Judges or Chief Justices of the High Court, yet the same cannot be by-passed or ignored, while considering the names of the Judges by the Collegium. In view of the laid down parameters, namely; transparency, accountability and objectivity, all cases should be considered fairly and in an objective manner to fulfil the mandate of law."
It also makes reference to the Supreme Court's Constitution Bench NJAC judgment and asserts that "it is high time to set the house in order and the recommendations by the Collegium should be in consonance with the law as laid down by the Constitution Bench only and not otherwise".
The resolution, passed by a majority of 13 members present with one member recording his dissent, further states that the Bar Council of India (BCI) may also be requested to take up the matter.
Meanwhile, BCI has decided to request the Supreme Court collegium to recall its recommendation to elevate Justice Sanjiv Khanna to the Supreme Court, ignoring the seniority of several other judges and chief justices of the country.
"We have no grievance against Mr. Justice Sanjiv Khanna. But he can wait for his turn; there is no hurry to elevate him ignoring the merit and seniority of several Chief Justices and puisne Judges of the country," it states, requesting the collegium and the government to "not encourage" such supersession.