SC Collegium Recommmends 4 name for appointment of Judges

A three-judge collegium headed by Chief Justice D Y Chandrachud on Thursday recommended the names of two judicial officers, one advocate and one additional judge for appointment as judges of the high courts of Orissa, Gauhati and Kerala.

The collegium, which also comprises Justices Sanjay Kishan Kaul and Sanjiv Khanna, recommended the names of advocate Sibo Sankar Mishra and judicial officer Ananda Chandra Behera as judges of the Orissa High Court.

It recommended the name of judicial officer Budi Habung for appointment as a judge of the Gauhati High Court. It also recommended that Additional Judge Justice C S Sudha be appointed as Permanent Judge of the Kerala High Court.

The collegium resolution uploaded on the apex court website stated that the Chief Justice of the Orissa High Court in consultation with his two senior-most colleagues recommended their names of Mishra and Behera on January 17, 2023.

The chief Minister and the governor of Odisha have concurred with the recommendations. “At present, there is no sitting judge in the Supreme Court who could be consulted in terms of the Memorandum of Procedure to ascertain the suitability of the above-named candidates for elevation to the High Court,” the resolution said.

It added that for the purpose of assessing the merit and suitability of Mishra and Behera as candidates for elevation to the High Court of Orissa, the judges of the three-member collegium have scrutinized and evaluated the material which has been placed on record. Mishra was enrolled as an advocate on December 7, 1991 and has a standing of 30 years at the Bar. “He specializes in civil, criminal and service laws. He is an Advocate-on-record for the State of Odisha in the Supreme Court and is counsel for the Union of India and High Court of Orissa in the Supreme Court. He has a sizeable practice at the Bar which is reflected in his average professional income,” the collegium resolution said.

It further said that the inputs received from the government indicate that he has a good personal and professional image and nothing adverse has come to notice with regard to his integrity.

“Having regard to the above, the Collegium is of the considered view that Shri Sibo Sankar Mishra is suitable for being appointed as a Judge of the High Court of Orissa”, the resolution said.

With regard to Behera, the collegium said that he has served as a judicial officer in various capacities in Odisha and the inputs provided by the government in the file indicate that he has a good personal and professional image and nothing adverse has come to notice with regard to his integrity.

“Having regard to the material on record and all relevant factors, the Collegium is of the considered view that Ananda Chandra Behera is suitable for being appointed as a Judge of the Orissa High Court,” it said.

On judicial officer Budi Habung, the Supreme Court collegium said that the Chief Justice of the Gauhati High Court in consultation with his two senior-most colleagues made the recommendation for Habung on April 26, 2023 and the chief ministers and governors of the States of Assam, Arunachal Pradesh, Mizoram and Nagaland have concurred in the recommendation.

“In terms of the Memorandum of Procedure, we have consulted Judges of the Supreme Court who are conversant with the affairs of the Gauhati High Court in order to ascertain the suitability of the above-named Judicial Officer for elevation to the Gauhati High Court,” the resolution said.

The judges of the three-member collegium said that for the purpose of assessing the merit and suitability of Habung for elevation to the Gauhati High Court, they have scrutinized and evaluated the material placed on record.

Habung joined judicial service on March 31, 2010 and his name has been recommended to fill up the sole service post allocated to Arunachal Pradesh. He is the senior-most judicial officer of the Arunachal Pradesh Judicial Service and has served in various capacities in the state.

 The inputs placed by the Government in the file indicate that he enjoys a good personal and professional image. Nothing adverse has come to notice with regard to his integrity.

“The consultee-judges have concurrently given a positive opinion about his suitability for appointment as a Judge of the Gauhati High Court. Having regard to the material on record and all relevant factors, the Collegium is of the considered view that Budi Habung is suitable for being appointed as a Judge of the Gauhati High Court,” the resolution said.

 On Additional Judge Justice C S Sudha, it noted that on June 21, 2023, the Collegium of the Kerala High Court unanimously recommended her name for appointment as permanent judge of that High Court. It said that the chief minister and the governor of Kerala have concurred in the above recommendation. The resolution said that a Committee of two judges of the Supreme Court constituted by the Chief Justice of India in terms of the Resolution dated October 26, 2017 of the Supreme Court Collegium has assessed the judgments of Justice C S Sudha.

“With a view to assess the merit and suitability of Smt Justice C S Sudha for appointment as permanent Judge, we have scrutinized and evaluated the material placed on record. Having taken into consideration all aspects of the matter, the Collegium is of the view that Justice C S Sudha, Additional Judge, is fit and suitable for being appointed as permanent Judge,” the resolution stated.