The Supreme Court collegium has recommended the name of advocate Firdosh Phiroze Pooniwalla as a judge of Bombay High Court, rejecting the Intelligence Bureau’s objection that was based on the fact that his senior had written an article expressing concern over the alleged lack of freedom of speech in the past few years.

The collegium said the views of a senior cannot have a bearing on the candidature of a junior as long as the junior has a good personal and professional image.

“The consultee judges (Supreme Court judges who had worked earlier in Bombay High Court) have opined that he is suitable for elevation. The Intelligence Bureau has stated in its report that he has a good personal and professional image and that nothing adverse has come to notice regarding his integrity and that he is not associated with any political party. The Intelligence Bureau has, however, flagged that Shri Pooniwalla had earlier worked under an advocate. It is reported that the said advocate has written an article in a publication in 2020 expressing concerns over the alleged lack of freedom of speech/expression in the country in the last 5-6 years,” the three-member collegium of Chief Justice of India D.Y. Chandrachud and Justices Sanjay Kishan Kaul and K.M. Joseph said.

“The views which have been expressed by a former senior of Shri Pooniwalla have no bearing on his own competence, ability or credentials for appointment as a Judge of the High Court of Bombay. Moreover, the Collegium notes that Shri Pooniwalla and his former senior practise on the original side of the High Court of Bombay. Junior counsel associated with the chamber of a senior on the original side are not engaged in a relationship of employer-employee with their senior. While juniors are associated with the chamber, they are free to do their own work and for all the intents and purposes, are entitled to independent legal practice. No adverse comments reflecting on the suitability of the candidate for elevation have been made in the file.”

Original side refers to civil matters directly taken up by a high court.

“The candidate has an extensive practice at the Bar and is specialised in commercial law. The candidate professes Parsi Zoroastrianism and belongs to a minority community," the collegium said.

The collegium added: “Keeping in mind the above aspects and on an overall consideration of the proposal for his elevation, the collegium is of the considered opinion that Shri Firdosh Phiroze Pooniwalla is suitable for appointment as a Judge of the High Court of Bombay.”

It made the recommendation late on Tuesday evening and a copy of the resolution was formally uploaded on Wednesday.

The collegium has also recommended the name of two other advocates — Shailesh Pramod Brahme and Jitendra Shantilal Jain — as judges of Bombay High Court. While the Intelligence Bureau did not raise any objection tothe choice of Brahme, it had suggested that Jain’s candidature be rejected on the specious reasoning that he had left the chambers of his senior 20 years ago and started working with another senior advocate.

“We have considered the inputs provided by the Intelligence Bureau. Nothing adverse has been reported about his (Jain’s) integrity. The consultee judges (Supreme Court judges who had worked earlier in Bombay High Court) have found him suitable for elevation. The candidate has acquired considerable experience during his practice of 25 years with specialisation in tax litigation. The High Court of Bombay has a large volume of tax-related cases and a candidate with such background would be an asset to the work of the High Court,” the collegium said.

“Enquiries have been made by a member of the collegium conversant with the affairs of the High Court of Bombay on the issue which has been flagged by the Intelligence Bureau pertaining to his work in the chamber of a senior on the taxation side about 20 years ago. Enquiries have indicated that while it is correct that the candidate had ceased working in the chamber of that senior, he subsequently joined the chamber of a noted senior counsel at the Bar.

“The fact of the candidate having left the chamber of a senior earlier has no bearing on his ability, competence or integrity. Keeping in mind the above aspects and on an overall consideration of the proposal for his elevation, the collegium is of the considered opinion that Shri Jitendra Shantilal Jain is suitable for appointment as a Judge of the High Court of Bombay,” the collegium resolution stated.