Overruling Intelligence Bureau (IB) report on professional competence of four senior advocates, the Supreme Court Collegium has cleared three names for appointing them as High Court Judges. Interestingly, the IB had filed adverse reports against other three nominees regarding their professional competence.
According to the minutes of collegium decisions put in public domain by the Supreme Court, the Colleguim found Rajesh Kumar, Anubha Rawat Chaudhary and Kailash Prasad Deo suitable for elevation to the High Court Judge.
“Pankaj Kumar, having regards to the material placed on record, including the revised income criterion and his associations with many overground front organizations, he was not found suitable for elevation to the High Court Judge,” stated the Collegium. Rajesh Kumar, Anubha Rawat Chaudhary and Kailash Prasad Deo however, qualified the revised income and age criterion, it stated.
The Collegium further stated that regarding the comments touching upon the integrity and character of the three names recommended by the HC Collegium, they qualified by the IB statement that ‘there was nothing on record’ to substantiate the allegations made against them.
“Regarding the comments made by IB about professional competence of the three names, the SC Collegium was of the view that professional competence can best be judged by the higher judiciary who have the opportunity to observe his or her performance on a daily basis,” stated the Collegium.
As for two complaints against Chaudhary, the Collegium found them frivolous and malicious in nature, which appeared to have been made with an ulterior motive to stall the proposed appointment.
The Collegium was of the view that hardly any credence can be attached to such complaints, particularly in the light of the positive views of the consultee colleague for the suitability of Rawat.
The recommendation had the concurrence of the Chief Minister and the Governor for the State of Jharkhand. Four names had been recommended by the Collegium of the Jharkhand High Court on September 1, 2016.