Judges’ elevation: Supreme Court asks Himachal Pradesh Collegium to reconsider two names

The Supreme Court on Friday asked the Himachal High Court Collegium to reconsider the candidature of district judges Chirag Bhanu Singh and Arvind Malhotra for elevation to the high court. It said there was no collective discussion and deliberation as required under its verdicts on judicial appointments.

“The procedure adopted in the matter of reconsideration of the two petitioners is found to be inconsistent with the law laid down in the Second Judges (1993) and the Third Judges case (1998). There was no collective consultation and deliberations by the members of the HC Collegium,” said a Bench led by Justice Hrishikesh Roy.

“The decision of the Chief Justice of the high court, on the suitability of the two petitioners as conveyed in his letter issued on March 6, appears to be an individual decision. The same, therefore, stands vitiated both procedurally and substantially,” said the Bench which also included Justice Prashant Kumar Mishra.

“The Chief Justice of a high court cannot individually reconsider a recommendation and it can only be done by the HC Collegium acting collectively,” the top court said.

“The HC Collegium should now reconsider the names of Chirag Bhanu Singh and Arvind Malhotra for elevation as judges of the high court, following the Supreme Court Collegium decision of January 4 and the Law Minister’s letter of January 16,” it said, allowing the petition of the two aggrieved judicial officers.

Petitioners Singh and Malhotra, presently serving as the District and Sessions Judges at Bilaspur and Solan, respectively, alleged that their names were not considered by the HC Collegium for elevation despite being referred to it by the SC Collegium for reconsideration.

The duo contended that the HC Collegium ignored their merit and seniority while recommending the names for elevation to the high court.

“The HC Collegium has to reconsider the recommendations in accordance with Supreme Court resolutions,” the Bench said.

“This appears to be a case where there was no collective consultation amongst the three constitutional functionaries of the HC — the Chief Justice and the two seniormost companion judges. The absence of the element of plurality, in the process of reconsideration as directed by the SC Collegium, is clearly discernible,” it noted.

Singh and Malhotra were recommended by the then HC Collegium on December 6, 2022, for elevation. On July 12, 2023, the SC Collegium, however, deferred their consideration. Thereafter, on January 4, the SC Collegium in its wisdom resolved that the proposal for their elevation be remitted for reconsideration to the HP High Court Chief Justice.

The top court had on May 13 issued a notice to the HP HC Registrar General on a petition filed by the two seniormost District and Sessions Judges. The Bench had specifically sought to know if the HC Collegium considered the petitioners’ name or not.

The HC Collegium didn’t consider their names and proceeded to deliberate upon names of other junior judicial officers, they alleged.