Advocate Somasekhar Sundaresan Sworn-In As Additional Judge Of Bombay High Court

On Tuesday Advocate Somasekhar Sundaresan was sworn in as Additional Judge of the Bombay High Court after Chief Justice Devendra Kumar Upadhyaya administered the oath of office upon him.

Only recently the Centre had notified his appointment as an additional judge of the Bombay High Court.

The Collegium of Bombay High Court recommended the name of Advocate Sundaresan for elevation on October 4 2021. Subsequently, on 16 February 2022, the Supreme Court Collegium recommended his name for appointment as an Additional Judge of the Bombay High Court.

However, on 25 November 2022, the Government sought reconsideration of the recommendation. The Centre's objection was that the Advocate had aired his views on social media on several matters which were presently sub-judice. 

In January 2023, reiterating Advocate Sundaresan’s name for elevation as an additional judge, the collegium said-

"The manner in which the candidate has expressed his views does not justify the inference that he is a “highly biased opinionated person” or that he has been “selectively critical on the social media on the important policies, initiatives and directions of the Government” (as indicated in the objections of Department of Justice) nor is there any material to indicate that the expressions used by the candidate are suggestive of his links with any political party with strong ideological leanings."

It may be recalled that the Supreme Court collegium of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice KM Joseph had also held that–

“All citizens have the right to free speech and expression under Article 19(1)(a) of the Constitution. Expression of views by a candidate does not disentitle him to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity.”

It is to be noted that Advocate Somasekhar Sundaresan was a member of the recent Expert Committee constituted by the Supreme Court to review India's regulatory mechanism in the light of the Adani-Hindenburg issue.