The Supreme Court Collegium recently recommended 3 advocates for the elevation as judges of the Bombay High Court.
The 3 advocates recommended are Shailesh Pramod Brahme, Firdosh Phiroze Pooniwalla and Jitendra Shantilal Jain.
According to the Collegium resolution, the Chief Justice of the Bombay High Court made the promotional recommendation of these 3 lawyers on September 26, 2022.
On April 26, 2023, the file concerning these directions were forwarded by the Department of Justice to the Supreme Court.
Notably, the top court Collegium observed that the Chief Ministers and the Governors of the States of Maharashtra and Goa have agreed with the recommendations.
The Collegium’s resolution for a recommendation of 3 advocates for elevation was made after considering certain facts.
Therefore, Shailesh Pramod Brahme was recommended on noting that he is a suitable lawyer with around 30 years practice in civil, criminal, constitutional and service law cases. Nothing that the adverse has been placed by the Department of Justice in his file.
As regards Firdosh Phiroze Pooniwalla, the collegium stated that while the intelligence Bureau has a good personal and professional image, another advocate use to work under. An article published in 2020 conveying concerns over the alleged lack of freedom of speech/expression in the country in the last 5-6 years.
However, the collegium proposed that the same doesn’t affect his judgeship suitability. Further, it noted that Pooniwalla announces Parsi Zoroastrianism that belongs to a minority community.
With respect to Jitendra Shantilal Jain, the Collegium practiced law for over 25 years with a specialism in tax litigation. The Intelligence Bureau flagged several issues regarding his work in the chamber of another senior lawyer around 20 years ago.
However, on enquiry, the collegium stated the fact that Jain left the chamber of a senior with no bearing on his ability, competence or integrity.
The Bombay High Court is currently functioning with 65 judges as opposed to its sanctioned strength of 94 judges.
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