New Delhi, January 15: The elevation of Justices Sanjiv Khanna and Dinesh Maheshwari to the Supreme Court has been opposed by a section of the judicial fraternity. One among them, Delhi High Court judge Kailash Gambhir, has written to President Ram Nath Kovind, seeking his immediate intervention into what he described as "another historical blunder".
"This is appalling and outrageous that such an earth shattering decision has been taken to supersede as many as 32 judges which include many Chief Justices, casting aspersions on their intellect, merit and integrity," Justice Gambhir wrote, marking his dissent against the Collegium order dated January 11. SC Collegium Recommends HC Judges Dinesh Maheshwari and Sanjiv Khanna For Supreme Court.
"It will be another black day when there will be supersession of 32 judges who are senior to Justice Sanjiv Khanna and many of them may be no less meritorious and men of integrity than him," he further added.
Read the full letter written by Justice Kailash Gambhir to President Kovind:
Former Delhi High Court judge Kailash Gambhir has written to President of India against the recommendation of the Collegium to elevate Justices Sanjiv Khanna and Dinesh Maheshwari to the Supreme Court; urges President to prevent "another historical blunder” from being committed pic.twitter.com/RNJHUXG5T9
— ANI (@ANI) January 15, 2019
The Collegium, headed by CJI Ranjan Gogoi, had recommended the names of Justice Dinesh Maheshwari, the chief justice of the Karnataka High Court, and Justice Sanjiv Khanna of the Delhi High Court for elevation as judges of the apex court.
The five-member Collegium headed by Chief Justice of India Ranjan Gogoi took the decision in its meeting on January 10 to recommend the names of justices Maheshwari and Khanna for their elevation to the Supreme Court.
The decision of the Collegium, comprising justices A K Sikri, S A Bobde, N V Ramana and Arun Mishra, was made public on the apex court's website Friday.
The apex court, which has a sanctioned strength of 31 judges, is presently functioning with 26 judges.
The decision put on the website noted the issue of elevation of judges was deliberated on December 12, 2018, when Justice M B Lokur was also a member of the Collegium.
Justice Mishra became a member of the Collegium after Justice Lokur retired on December 30.
According to the website, after extensive deliberations on January 5 and 6 this year, the newly constituted Collegium deemed it appropriate to have a fresh look on the issue of elevation of judges in the light of the additional material that became available.
"While recommending the names of justices Dinesh Maheshwari and Sanjiv Khanna the Collegium has taken into consideration combined seniority on all-India basis of chief justices and senior puisne judges of high courts, apart from their merit and integrity," the collegium said, adding that the Collegium has also kept in mind the desirability of giving due representation on the Bench of the Supreme Court, as far as possible, to all the high courts.
Justice Maheshwari was appointed a judge of the Rajasthan High Court on September 2, 2004 and was transferred to Allahabad High Court on July 19, 2014.
He was elevated as Chief Justice of Meghalaya High Court on February 24, 2016 and was thereafter transferred to Karnataka High Court on February 12, 2018. He has been functioning there since then.
Justice Maheshwari stands at Sl. No. 21 in the combined seniority of high court judges on all-India basis.
Justice Khanna was appointed a judge of the Delhi High Court on June 24, 2005 and since has been functioning there. He stands at Sl.No. 33 in the combined seniority of high court judges on all-India basis.
If elevated, Justice Khanna would become chief justice of India after Justice D Y Chandrachud in 2024.
(With PTI inputs)
(The above story first appeared on LatestLY on Jan 15, 2019 05:35 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).