SC Collegium recommends Justice Dhanuka as chief justice of Bombay HC

Justice Gangapurwala and Justice Dhanuka’s elevation will take place after the Central government clears their appointments and issues a notifications for the same.

The post of Bombay HC CJ was lying vacant since former CJ Dipankar Datta (now SC judge) took oath as judge of the Supreme Court on December 12, 2022.

SC Collegium of Chief Justice of India (CJI) DY Chandrachud and Justices S K Kaul and K M Joseph noted that the post of Bombay HC CJ is lying vacant since Justice Datta’s elevation, “therefore, appointment to that office is required to be made”.

Meanwhile, the SC Collegium has recommended the name of Justice Gangapurwala as Chief Justice of Madras High Court.

“Justice Dhanuka, who is the next in order of seniority in the High Court of Bombay, will have a tenure of little over a month. He has served the High Court of Bombay with distinction since his appointment. Over the last 11 years, he has acquired sufficient experience on the judicial and administrative side as a puisne judge of the High Court,” the Collegium noted.

Justice Dhanuka became the additional Judge of the Bombay HC on January 23, 2012.

“In view of the fact that Justice Dhanuka has a short tenure as noted above, in terms of the Memorandum of Procedure, the Collegium resolves to recommend his appointment as the Chief Justice of the High Court of Bombay, consequent of the appointment  of Justice S V Gangapurwala, Acting Chief Justice of the High Court of Bombay, as Chief Justice of Madras High Court,” SC resolution reads.

In another resolution, the SC Collegium noted, “The office of the Chief Justice of Madras High Court has been vacant for quite some time, since the retirement of Justice MN Bhandari. Therefore, appointment to that office is required to be made. Justice S V Gangapurwala is the senior-most judge of the Bombay High Court and has been functioning there since his elevation on March 13, 2010. He will be demitting office on May 23,  2024.”

It went on to note, “His experience of having served as acting Chief Justice in the second largest High Court in the country (with benches at Aurangabad and Nagpur and a seat also at Goa) during the last four months would be useful for him in dispensing justice as Chief Justice in the Madras High Court. Besides, presently, there is only one Chief Justice from the High Court of Bombay. Having regard to all relevant factors, the Collegium is of the considered view that he is fit and suitable in all respects to be appointed as Chief Justice of the Madras High Court.”

“The Collegium resolves to recommend that Mr Justice SV Gangapurwala be appointed as the Chief Justice of the Madras High Court,” the resolution adeed.

The Bombay HC is functioning with 65 judges, 42 permanent judges and 23 additional judges. However, the sanctioned strength of the court,which is the second largest in the country after the Allahabad High Court, is 94.  Once Justice Gangapurwala is elevated as CJ of Madras HC, the total strength of the HC is likely to be 64.