SC asks HP HC collegium to reconsider names of two judicial officers for elevation as HC judges

The Supreme Court on Friday asked the collegium of the Himachal Pradesh High Court to reconsider the names of two senior-most district and sessions judges for elevation as judges of the high court.

The apex court observed that the high court chief justice could not individually reconsider a recommendation and it could only be done by a high court collegium, acting collectively.

A bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra delivered its verdict on the plea filed by the two senior-most district and sessions judges, alleging that their merit and seniority were not considered by the high court collegium in the selection of names for high court judgeship.

“There was no collective consultation and deliberation by the members of the high court collegium,” the bench said while pronouncing the judgment.

“In light of the above, the high court 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 dated January 4, 2024…” it said.

During the hearing, the counsel appearing for the two judicial officers referred to a Supreme Court collegium resolution of January 4 and the subsequent communication of the Union Ministry of Law and Justice to the Himachal Pradesh High Court and said that, according to these, the names of the petitioners should have been considered by the high court collegium.