Supreme Court Collegium overrules Intelligence Bureau’s objection to Bombay High Court judge appointment

New Delhi (India), May 3, 2023: The Supreme Court Collegium has overruled an objection raised by the Intelligence Bureau (IB) against the appointment of Firdosh Phiroze Pooniwalla as a judge of the Bombay High Court.

The IB had raised objections, citing an article written by a senior lawyer under whom Pooniwalla had worked as a junior. The article expressed concerns over the lack of freedom of speech/expression in India over the last few years.

However, the Collegium’s resolution noted that the views expressed by Pooniwalla’s former senior have no bearing on his competence, ability, or credentials as a judge. It also pointed out that juniors associated with a senior’s chamber on the original site of the High Court are entitled to independent legal practice. The resolution further mentioned that Pooniwalla is a member of the Parsi Zoroastrian community, which is a minority community.

In light of the above, the Collegium chose to recommend Pooniwalla for the judgeship despite the IB objection. The resolution made it clear that no adverse comments reflecting on the candidate’s suitability for elevation have been made in the file. This decision marks a victory for Pooniwalla, who can now look forward to serving as a judge in the Bombay High Court.

With this development, the Supreme Court Collegium has sent a strong message that freedom of expression is a fundamental right and should not be used to derail a person’s career. The decision also highlights the importance of merit-based appointments in the judiciary, which should not be influenced by extraneous factors such as political affiliations or personal biases.