On Tuesday, the Supreme Court Collegium recommended the elevation of three Advocates namely Shailesh Pramod Brahme, Firdosh Phiroze Pooniwalla, and Jitendra Shantilal Jain as Judges of the Bombay High Court.
While the names of Shailesh Pramod Brahme and Jitendra Shantilal Jain were recommended in a regular fashion, the SC Collegium pushed with the recommendation of Firdosh Phiroze Pooniwalla overruling some of the concerns flagged in the IB Report.
The Intelligence Bureau had 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 IB, however, flagged that he had earlier worked under an advocate 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 Collegium was of the opinion that 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.
"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 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", the Collegium noted in the Resolution.\
It further noted that Advocate Firdosh Phiroze Pooniwalla has an extensive practice at the Bar and specialized in commercial law.
"The candidate professes Parsi Zoroastrianism and belongs to a minority community. 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," the Collegium observed.
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