'Well Established Process With Sufficient Safeguards Exists For Judges Appointment' : Supreme Court Dismisses Plea Challenging Collegium Proposal For HC Judgeship With Rs 5 Lakh Costs

Sufficient safeguards exist in the system, the Supreme Court said while it dismissed a lawyer's plea against proposal to appoint a judicial officer as a judge of the High Court for the State of Telangana. 

Advocate B. Sailesh Saxena filed a writ petition seeking a direction to consider the representation submitted by him in this regard. 

The bench of Justices Sanjay Kishan Kaul and MM Sundresh observed that this writ petition is a gross abuse of law filed to harass the concerned judicial officer and for abusing the court proceedings. Therefore, costs of Rs. 5 lakhs was imposed.

"The process of appointment of judges to the High Court is under a well known established process where the collegium of the High Court considers recommending the names and in case of judicial officers by seniority and on merits. Thereafter, the proposed IB inputs and other inputs are obtained and the Government processes the names. The collegium of the Supreme Court has the benefit of all the material before taking a call on whether to recommend the name or not. The appointment takes place thereafter by issuance of warrants of appointment. Thus sufficient safeguards exist in the system.", the bench observed.

Referring to the background facts, the bench noted that, the judicial officer had in the capacity as the then Registrar (Judicial) filed complaint against the lawyer, following the direction passed by the High Court and this is the real reason for him to file this writ petition. Saxena had allegedly filed the writ petitions in the names of fictitious persons and taking note of this the High court had directed the Registrar to file complaints against him.  Thereafter, the lawyer filed complaint against Registrar and others alleging that they harassed him by filing multiple FIRs. Further, alleging that investigation officer is not registering crime pursuant to his complaint, he approached the High court by filing writ petition, which was dismissed.

We also think it appropriate that the Bar Council of Telangana examines the conduct of the petitioner as a member of the "Noble Profession" and for that purpose a copy of the order be sent to the Bar Council of Telangana, the bench added.

Case: B. Sailesh Saxena vs Union of India ; WPC 555/2020

Citation: LL 2021 SC 417

Coram: Justices Sanjay Kishan Kaul and MM Sundresh

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