Under cloud for elevation to bench for fighting polls, lawyer pulls out

With the recommendation pending for more than four years, Naik said he presumed it had reached “a dead end”.

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Sources told The Indian Express that Naik has written to Karnataka High Court Chief Justice Prasanna Varale and conveyed the decision to withdraw his consent for the recommendation.

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Advocate Nagendra R Naik, whose nomination for elevation as a Karnataka High Court judge was under a cloud after he unsuccessfully contested in the May 10 Assembly elections, is learnt to have expressed his desire to withdraw his name from being considered for judgeship.

Sources told The Indian Express that Naik has written to Karnataka High Court Chief Justice Prasanna Varale and conveyed the decision to withdraw his consent for the recommendation.

With this, the recommendation pending for more than four years is set to find closure.

As per the law laid down by the Supreme Court in the 1998 Third Judges case, which is the basis for the Collegium system of appointment of judges, the government is bound to appoint a candidate if the recommendation is reiterated by the Collegium. Naik’s candidature was reiterated thrice.

On May 17, The Indian Express had reported that the Supreme Court Collegium is considering a recall of its decision recommending advocate Naik for appointment as judge of Karnataka High Court following his move to contest the state Assembly elections — he was the JD(S) candidate from Bhatkal seat, and lost.

With the recommendation pending for more than four years, Naik said he presumed it had reached “a dead end”.

Sources had said that Chief Justice of India D Y Chandrachud had sought clarification on whether Naik had informed the HC or the SC about his decision before contesting the elections, since his recommendation was pending with the government. The development, sources said, was “embarrassing” for the Collegium, which had named Naik for judgeship on four occasions.

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Naik’s nomination was first recommended by the SC Collegium headed by then CJI S A Bobde on October 3, 2019. It was reiterated on March 2, 2021; then again on September 1, 2021; and finally on January 10 this year.

Naik had told The Indian Express that he had not informed the Collegium since he did not think prior political affiliation would be a bar against appointment.

“I did not inform or take permission because both the Supreme Court Collegium and the Law Minister had said in the case of Justice Victoria Gowri that political affiliation is not a bar against appointment as a judge,” he said.

Apurva Vishwanath

Apurva Vishwanath is the National Legal Editor at The Indian Express, where she leads the organization’s coverage of the Indian judiciary, constitutional law, and public policy. A law graduate with a B.A., LL.B (Hons) from Dr. Ram Manohar Lohiya National Law University, Apurva brings over a decade of specialized experience to her reporting. She is an authority on judicial appointments and the Supreme Court Collegium, providing critical analysis of the country’s legal landscape. Before joining The Indian Express in 2019, she honed her expertise at The Print and Mint. Follow her insights on the intersection of law and governance on Twitter ... Read More

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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