'Greater Diversity & Inclusion' : SC Collegium Picks Lawyer With Disabilities, ST Lawyer, Trial Court Practitioner

The resolution passed by the Supreme Court Collegium on Thursday is notable for picking up a lawyer with physical disabilities for elevation as a judge of the High Court.The 3-member collegium headed by Chief Justice of India DY Chandrachud recommended the appointment of Ms. Moxa Kiran Thakker, with a practice on both civil and criminal sides, as a judge of the Gujarat High Court. The appointment of Thakker, a person with a disability, would bring ‘greater inclusion’, the collegium stated. “She has been able to overcome her own physical disabilities and her appointment would bring greater inclusion to the composition of the High Court.”The collegium, comprising Justices Sanjay Kishan Kaul and KM Joseph, also recommended the elevation of a trial court lawyer to the Gujarat High Court. Mr. Devan Mahendrabhai Desai, practising predominantly at the city civil court in Ahmedabad, has been recommended for elevation by noting that his several years of experience as a trial court lawyer "would be an asset particularly in dealing with civil and commercial work in the High Court of Gujarat".In a separate resolution, the collegium has recommended the elevation of Scheduled Tribe lawyer Kardak Ete for appointment as a judge of the Gauhati High Court. "The candidate belongs to a Scheduled Tribe. Besides his own competence and standing at the Bar, the appointment of Shri Kardak Ete will bring greater diversity and inclusion to the High Court", it noted in the resolution.Apart from these, he following members of the higher judicial services in Gujarat have been nominated for elevation.: Susan Valentine Pinto, Hasmukhbhai Dalsukhbhai Suthar, Jitendra Champaklal Doshi, Mangesh Rameshchandra Mengdey, Divyeshkumar Amrutlal Joshi The resolution also reveals that two senior judicial officers have been skipped over. “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,” said the collegium headed by Chief Justice Chandrachud. The current strength of the Gujarat High Court is 24 against a sanctioned strength of 52, which includes the chief justice and 13 additional judges. At present, more than half the seats are lying vacant. If the government accepts the proposal to elevate the aforenamed judicial officers, the high court will have 21 vacancies.At present, the current strength of the Gauhati High Court is 22 against a sanctioned strength of 24, which includes the chief justice and six additional judges. If the government accepts the proposal to elevate Ete, the high court will have only a single vacancy.

'Greater Diversity & Inclusion' : SC Collegium Picks Lawyer With Disabilities, ST Lawyer, Trial Court Practitioner

Awstika Das

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