Gauhati HC defers swearing-in of judge

The government appointed Goswami a judge of the HC on November 2. His name was recommended by the SC Collegium on October 17. The same day, the Collegium had also recommended advocate N Unni Krishnan Nair’s name for judge of the HC. While the resolution placed Nair’s name first, the government only cleared Goswami’s name. This means that Nair, even if appointed later, would be lower in order of seniority to Goswami.

“All the four consultee judges have unanimously given a positive opinion on suitability of the candidate for appointment as a judge of the High Court. The inputs provided by the Department of Justice in the file indicate that his professional competence is viewed to be good. However, an adverse observation has been made by the Department of Justice in the file. In our considered view, this should not come in the way of the recommendation of the candidate, particularly when the government in its assessment has fairly put on record a report that nothing adverse has come to notice against his integrity. Bearing in mind that the candidate has extensive practice which is reflected in his substantially high professional income and a large number of reported judgments delivered in cases in which he appeared/argued and other relevant facts and circumstances, the Collegium is of the considered view that the candidate is fit and suitable for appointment as a Judge of the High Court,” the SC resolution had said about Nair.

It is learnt that the government’s inputs concerned Nair’s age.

On November 7, the Supreme Court expressed its displeasure once again over the government “selectively picking” names from those recommended by its Collegium for elevation as High Court judges.

This selective business… this pick-and-choose must stop,” Justice Sanjay Kishan Kaul had observed, referring to some recent appointments to the Punjab and Haryana HC where the government cleared only three names out of a total of five advocates recommended for elevation by the Supreme Court Collegium. Justice Sandeep Mehta, the Chief Justice of Gauhati High Court, was also recommended by the Collegium for appointment as an SC judge on November 6.