New Delhi: The Supreme Court Collegium, headed by Chief Justice of India D Y Chandrachud, has recommended a judicial officer as a Judge of Calcutta High Court, who was awarded 70 marks for very good quality of judgments, and an advocate as a Judge of Punjab and Haryana High Court, based on compilation of statistics relating to his performance as arguing counsel.
The Collegium, also comprising Justices Sanjiv Khanna and BR Gavai, in a resolution passed on January 4, which was uploaded on Friday, recommended the name of Chaitali Chatterjee (Das), judicial officer, for appointment as Judge of the High Court at Calcutta. On 26 September 2023, the Chief Justice of the High Court at Calcutta recommended her name after consultation with his two senior-most colleagues.
The Collegium said it has duly considered the inputs provided by the government and the professional competence of the officer is reported to be good. "She has held various positions as judicial officer at sensitive postings in the state and is presently posted as Registrar General of the High Court at Calcutta. The Judgment Evaluation Committee constituted by the Chief Justice of the High Court has rated the quality of judgments authored by her as very good by awarding 70 marks," noted the Collegium.
The Collegium said, while considering Chaitali’s name, it has also taken note of the fact that the above proposal involves non-recommendation of a senior judicial officer. "Cogent reasons have been recorded by the Collegium of the High Court for not recommending her name. We are, therefore, in agreement with the High Court Collegium for overlooking that officer”, said the Collegium.
The Collegium said the Chief Minister and the Governor for the State of West Bengal have not conveyed their views on the above recommendation. "The Department of Justice has forwarded the above recommendation by invoking para 14 of the Memorandum of Procedure which provides that if the comments of the constitutional authorities in the State are not received within the prescribed time-frame, it should be presumed by the Minister of Law and Justice that the Governor and the Chief Minister have nothing to add to the proposal and proceed accordingly," said the Collegium.
In a separate resolution, the Collegium recommended the name of Rohit Kapoor, advocate, for appointment as Judge of the High Court of Punjab and Haryana. The recommendation for appointment of Rohit Kapoor as Judge of the High Court of Punjab and Haryana was made by the Collegium of the High Court on 21 April 2023. On 17 October 2023, the Supreme Court Collegium scrutinised and evaluated the material placed on record.
"We have scrutinized and evaluated the material placed on record, including the report of the Chief Justice of the High Court of Punjab and Haryana forwarding the recommendation of the Collegium dated 23 November 2023, based on the response / compilation of statistics submitted by Rohit Kapoor relating to his performance as arguing counsel," said the Collegium.
"The enquiries made by us with reliable sources to ascertain suitability of the candidate reveal that Rohit Kapoor is a competent advocate suitable for elevation to the High Court. The Collegium, therefore, is of the considered view that Rohit Kapoor is fit and suitable for appointment as Judge of the High Court of Punjab and Haryana”, said the Collegium.
The Collegium further resolved to recommend that two advocates namely (i) Harmeet Singh Grewal and (ii) Deepinder Singh Nalwa, whose names have been approved by this Collegium earlier in point of time i.e. on 17 October 2023, be given precedence in the matter of appointment over Rohit Kapoor. “The inter se seniority of all the three advocates be fixed as per the existing practice," said the Collegium.
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