SC declines to interfere in elevation of three judges to HP HC
SC declines to interfere in elevation of three judges to HP HC
New Delhi, June 22,
The Supreme Court on Monday declined to interfere with the elevation of three judicial officers as judges of the Himachal Pradesh High Court, effectively clearing the way for their appointments despite a challenge mounted by a senior judicial officer.
A bench comprising Justice B.V. Nagarathna and Justice Joymalya Bagchi disposed of a writ petition filed by Arvind Malhotra, Principal Judge, Family Court, Dharamshala, who had questioned the recommendation of judicial officers Chirag Bhanu Singh, Bhupesh Sharma and Yogesh Jaswal for elevation to the High Court.
The Supreme Court Collegium had, on June 2, approved the names of the three officers for appointment as judges of the Himachal Pradesh High Court.
During the hearing, senior advocate Balbir Singh, appearing for the petitioner, submitted that Malhotra would not press the writ petition under Article 32 of the Constitution and sought liberty to pursue appropriate remedies before the competent authority of the High Court on the administrative side or through judicial proceedings.
Recording the submission, the bench disposed of the petition as withdrawn while reserving liberty to the petitioner to seek appropriate remedies elsewhere. The court said the petition was “disposed of as not pressed subject to the aforesaid liberty.”
The order indicates that the Supreme Court was not inclined to stall or revisit the Collegium’s recommendation process at this stage. Justice Nagarathna observed during the proceedings that the petitioner had alternative remedies available and could pursue them before the appropriate forum, leading to the withdrawal of the petition. The bench consequently refrained from examining the merits of the challenge.
The case assumes significance as it follows a similar controversy in 2024 when two district judges from Himachal Pradesh had approached the Supreme Court alleging that their merit and seniority had been overlooked in the process of elevation. The apex court had then directed reconsideration of their cases.
At present, the Himachal Pradesh High Court has five vacancies in its sanctioned strength. Of these, three vacancies are earmarked for the judicial service quota and two for members of the Bar.
Also Read Challenging decision of collegium to elevate three judges to HP HC, A judicial officer moves SC
While the Supreme Court Collegium has cleared the names of Chirag Bhanu Singh, Bhupesh Sharma and Yogesh Jaswal from the service quota, no recommendation has yet been made regarding the advocates’ quota.
Earlier, the Himachal Pradesh High Court Collegium had recommended the names of senior advocates for elevation, but the Supreme Court Collegium has so far not approved any of these names.
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