The Supreme Court Collegium has recommended the names of Justice Dinesh Maheshwari, Chief Justice of Karnataka High Court, and Justice Sanjiv Khanna of Delhi High Court for elevation as judges of the apex court.
The five member Collegium headed by Chief Justice Ranjan Gogoi took the decision in its meeting held on January 10 to recommend the names of Justices Maheshwari and Khanna for their appointment to the Supreme Court.
The decision of the Collegium also comprising Justices A K Sikri, S A Bobde, N.V.Ramana and Arun Mishra was made public on the apex court's website.
The collegium resolution read:
Against the sanctioned strength of 31 Judges, the Supreme Courtof India is presently functioning with 26 Judges, leaving 05 clear
vacancies.
The Collegium comprising the Chief Justice of India and foursenior-most Judges of the Supreme Court viz. Mr. Justices Madan B.
Lokur, A.K. Sikri, S.A. Bobde and N.V. Ramana met on Wednesday,12thDecember, 2018 to discuss the Agenda viz., (1) to consider andrecommend names for appointment as Judges in the Supreme Courtand (2) to consider proposals for transfer of Chief Justices and Judgesof High Courts.
The then Collegium on 12th December, 2018 took certain decisions. However, the required consultation could not be undertaken and completed as the winter vacation of the Court intervened. By the
time the Court re-opened, the composition of the Collegium underwent a change. After extensive deliberations on 5th / 6thJanuary, 2019, thenewly constituted Collegium deemed it appropriate to have a fresh look
at the matter and also to consider the proposals in the light of the additional material that became available.
In terms of the above, this Collegium unanimously resolves to fill up, for the present, two of the five existing vacancies of Judges in theSupreme Court. The Collegium has discussed names of Chief Justices as well as senior puisne Judges of all High Courts, eligible for elevation to the Supreme Court. The Collegium is of the considered view that at present the following persons are more deserving and suitable in all
respects than other Chief Justices and senior puisne Judges of HighCourts, for being appointed as Judges of the Supreme Court of India:
1.Mr. Justice Dinesh Maheshwari,
Chief Justice, Karnataka High Court
(PHC: Rajasthan)
2.Mr. Justice Sanjiv Khanna,
Judge, Delhi High Court
While recommending the names of Mr. Justices Dinesh Maheshwari and Sanjiv Khanna the Collegium has taken into consideration combined seniority on all-India basis of Chief Justices and
senior puisne Judges of High Courts, apart from their merit and integrity. The Collegium has also kept in mind the desirability ofgivingdue representation on the Bench of the Supreme Court, as far as
possible, to all the High Courts.
We, therefore, recommend that Mr. Justices Dinesh Maheshwari
and Sanjiv Khanna be appointed as Judges in the Supreme Court of
India.
Mr. Justice Dinesh Maheshwari was appointed as a Judge of theRajasthan High Court on 2nd September, 2004 and was transferred toAllahabad High Court on 19th July, 2014. He was elevated as ChiefJustice of Meghalaya High Court on 24th February, 2016 and wasthereafter transferred to Karnataka High Court on 12th February, 2018 and has been functioning there since then. Mr. Justice DineshMaheshwari stands at Sl. No. 21 in the combined seniority of High Court Judges on all-India basis.
Mr. Justice Sanjiv Khanna was appointed as a Judge of the DelhiHigh Court on 24th June, 2005 and since then has been functioning there. He stands at Sl.No. 33 in the combined seniority of High Court Judges on all-India basis. The Collegium while recommending the name of Mr. Justice Sanjiv Khanna for elevation to the Supreme Court is well
conscious of his seniority position in the Delhi High Court also.
In view of the foregoing, the Collegium resolves to recommendthat appointments be made in the following order:
1. Mr. Justice Dinesh Maheshwari, and
2.Mr. Justice Sanjiv Khanna.
With PTI inputs
