The Supreme Court Collegium headed by Chief Justice
D Y Chandrachud on Wednesday recommended the appointment of chief justices of
five high courts including Justice Augustine George Masih for the Rajasthan HC.
The four other high courts for which the Collegium,
also comprising Justices Sanjay Kishan Kaul and K M Joseph, proposed new chief
justices are: Madras HC, Kerala HC, Bombay HC, Himachal Pradesh HC.
Justice S V Gangapurwala, the Acting Chief Justice
of the High Court of Bombay, has been proposed to be appointed as the Chief
Justice of the Madras High Court.
The Collegium noted that the office of the Chief
Justice of the Rajasthan HC fell vacant recently due to the elevation of
Justice Pankaj Mithal to the Supreme Court, and proposed the name of Punjab &
Haryana HC judge Justice Augustine George Masih as the next CJ of Rajasthan HC.
It said that Justice Masih was appointed as a Judge
of the Punjab and Haryana High Court on July 10, 2008 and he has acquired
experience of dispensing justice in a High Court having jurisdiction over two
states.
He is the senior most puisne judge in his parent HC
which presently has no representation among the Chief Justices of the High
Courts, the Collegium said.
"Having regard to all relevant factors, the
Collegium is of the considered view that he is suitable in all respects for
being appointed as Chief Justice of the Rajasthan High Court.
"In terms of the Memorandum of Procedure,
consultation has been held with the consultee Judges with a view to ascertain
the suitability of Mr Justice Augustine George Masih for appointment as the
Chief Justice of the Rajasthan High Court. The consultee-Judge/s have concurred
with the proposed appointment," the Collegium said.
"In view of the above, the Collegium resolves
to recommend that Justice Augustine George Masih be appointed as the Chief
Justice of the Rajasthan High Court," it said.
The Collegium has also recommended the name of
Andhra Pradesh High Court judge Justice S V Bhatti as the Chief Justice of the
Kerala High Court.
The Collegium noted that the office of the Chief
Justice of the High Court of Kerala is going to fall vacant soon, consequent
upon the retirement of Justice S Manikumar and Justice Bhatti is the
senior-most Judge.
"His experience as a senior puisne Judge in two
High Courts would be useful for him in dispensing justice as Chief Justice of
the High Court of Kerala. Presently, there is no judge of the High Court of
Andhra Pradesh serving as Chief Justice.
"Having regard to all relevant factors, the
Collegium is of the considered view that Mr Justice S V Bhatti is fit and
suitable in all respects to be appointed as Chief Justice of the High Court of
Kerala," it said.
The Collegium said in terms of the Memorandum of
Procedure, consultation has been held with the consultee-Judges with a view to
ascertain the suitability of Justice Bhatti for appointment as Chief Justice of
the High Court of Kerala.
"The consultee-Judges have concurred with the
proposed appointment of Mr Justice S V Bhatti. In view of the above, the
Collegium resolves to recommend that Mr Justice S V Bhatti be appointed as the
Chief Justice of the High Court of Kerala," it said.
The Collegium has also recommended the name of
Justice Ramesh D Dhanuka for appointment as the Chief Justice of the Bombay
High Court.
It noted that the office of the Chief Justice of the
High Court of Bombay has been lying vacant for quite some time after the
elevation of Justice Dipankar Datta to the Supreme Court.
Justice Ramesh D Dhanuka was appointed as a Judge of
the High Court of Bombay on January 23, 2012 and is due to demit office on May
30, 2023.
"The Collegium has recommended the appointment
of Justice S V Gangapurwala, the Acting Chief Justice of the High Court of
Bombay as Chief Justice of the Madras High Court. Justice Ramesh D Dhanuka, who
is next in order of seniority in the High Court of Bombay, will have a tenure
of little over a month.
"He has served the High Court of Bombay with
distinction since his appointment. Over the last 11 years, he has acquired
sufficient experience on the judicial and administrative side as a puisne judge
of the High Court," the Collegium said.
In view of the fact that Justice Dhanuka has a short
tenure, in terms of the Memorandum of Procedure, the Collegium resolved to
recommend his appointment as the Chief Justice of the High Court of Bombay.
The Collegium has recommended the name of Justice M
S Ramachandra Rao as the chief justice of Himachal Pradesh High Court. Justice
Rao was appointed as a Judge of the High Court of Andhra Pradesh on June 29,
2012.
"On the bifurcation of the State of Andhra
Pradesh he opted for Telangana as his parent High Court. He is functioning on
transfer as a judge of the High Court of Punjab and Haryana since 12 October
2021. He is the senior-most among puisne judges originating from the High Court
for the State of Telangana.
"The State of Telangana has no representation
among Chief Justices of the High Courts. Justice M S Ramachandra Rao has
acquired experience of dispensing justice in two High Courts. Having regard to
all relevant factors, the Collegium is of the considered view that he is
suitable in all respects for being appointed as Chief Justice of the High Court
of Himachal Pradesh," the Collegium said.
In a separate resolution, the Collegium also
reiterated its earlier proposal to transfer the acting Chief Justice of Madras
High Court T Raja to Rajasthan High Court.