Fitting Tribute to Justice Nariman Will Be To Appoint Judges He Wanted To Be Elevated To SC : Vikas Singh

Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association, on Thursday said that the befitting tribute to Justice Rohinton Nariman will be to appoint to the Supreme Court the judges he wanted to be elevated.

"I think a fitting tribute to Justice Nariman would be, and I would beseech the hon'ble CJI and the judges in the collegium, to ensure that all the judges he wanted to be appointed during his last few days should be elevated to the bench and brought here to the Supreme Court. That according to me will be most befitting tribute to Justice Nariman", Singh said during his address at the farewell ceremony organized by the SCBA for Justice Nariman.

According to a report in the Indian Express, Justice Nariman, who was a senior member of the Supreme Court collegium, had insisted that no names be cleared for elevation to Supreme Court unless the names of two senior most High Court judges as per the All India Seniority List are recommended. The senior most High Court judges as per the seniority list are Justice Abhay S Oka (Chief Justice of Karnataka High Court) and Justice Akil Kureshi (Chief Justice of Tripura High Court).

Vikas Singh brings up the issue of elevation of Supreme Court lawyers

During his address, Vikas Singh brought up the "vexed issue" of elevation of Supreme Court advocates to the bench. He requested the CJI to try and look for somebody from the bar itself who can fill the void created by the retirement of Justice Nariman.

He stated that the the Supreme Court Bar Association has constituted a search committee, and the search committee has also discussed names on 6 days. He requested the Chief Justice of India to see that those lawyers who are deserving are given an equal opportunity by High Courts' Collegiums for purpose of elevation.

"We expect CJI to please see to it that lot of us, who deserve should be given an equal consideration by High Court collegium for purpose of elevation." Mr Singh said.

"I don't want anyone who is not deserving to be appointed", Singh clarified.

"Elevation of SC lawyers has always been a vexed issue and we feel we need to be considered as a matter of right", he said.

 "We the members of Supreme Court Bar have been facing a lot of problem of elevation. I beseech the CJI to try and look for somebody who can fill the void which is created by retirement of Justice Nariman, although its very difficult for me to think of anybody who can fit that shoe. But nevertheless attempt should be made and someone from the Bar should immediately be made Judge of Supreme Court to fill the vacancy caused by Nariman's retirement", he said.

Senior Counsel Vikas Singh's statement has come after Supreme Court Bar Association had on 8th June through a Press Note claimed that the CJI has agreed to consider its request to consider elevating Supreme Court lawyers as High Court judges.

Later,  the Executive Committee of SCBA had constituted a "Search Committee" to facilitate the process of elevation by identifying deserving and meritorious Supreme Court practitioners. 

It may be noted that the proposal made by the Supreme Court Bar Association for elevation of Supreme Court lawyers received opposition from various High Court Bar Associations, including the Delhi High Court Bar Association, Calcutta High Court Bar Association, etc. Taking exception to the SCBA statement that Supreme Court lawyers are "more meritorious" than their counter-parts at High Courts, various High Court Advocates Associations wrote to the CJI. They also opposed the SCBA move of constituting a search committee by saying that the it was the sole prerogative of the High Court collegiums to consider names for elevations to the respective High Courts.

The opposition was followed by a clarification from the SCBA that their letter to the CJI was intended only to secure an equal opportunity for Supreme Court lawyers and not to demean the High Court practitioners.

Also Read :  Justice Rohinton Nariman's Legacy: Notable Judgments On Liberties, Orientation To IBC & Arbitration