Justice Kaul Writes To CJI Expressing Reservations Against Bypassing Senior Judges While Appointing Judges To The SC

Senior Supreme Court judge Justice Sanjay Kishan Kaul has reiterated his reservations against Chief Justice of India Ranjan Gogoi bypassing other senior eligible judges, even as he endorsed Justice Ravindra Bhat’s recent elevation to the Supreme Court.

In a recent letter written by Justice Kishan Kaul to the CJI Gogoi, he stated that Justice Bhat was a fine mind and suitable to be elevated to the Supreme Court.

However, Justice Kaul’s letter mentioned an instance when he had recorded his disagreement at the supersession of senior judges, especially Justice Pradeep Nandrajog, the then Chief Justice Bombay High Court, when Justice Sanjiv Khanna was appointed to the Supreme Court.

Justice Kaul’s letter mentioned how strictly as per seniority, it was the turn of Chief Justice Pradeep Nandrajog to be considered for elevation, especially since he was a judge of high integrity who had done enormous judicial as well as administrative work and was thus suitable for appointment.

Justice Kaul’s recent letter pointed out how he had mentioned the names of Justice Gita Mittal and Justice Ravindra Bhat, along with that of Justice Pradeep Nandrajog as seniors who had been sidestepped.

However, the Supreme Court Collegium recommended Justice Bhat’s name, along with three others, to be appointed as a Supreme Court judge on August 28. Justice Bhat is currently Chief Justice of Rajasthan High Court.

Justice Pradeep Nandrajog was elevated as a high court judge in 2002 and was appointed Chief Justice of Bombay High Court in 2019.

In this connection, it may be recalled that in December 2018, the Supreme Court Collegium had held a positive discussion about Justice Pradeep Nandrajog, though no details emerged because no resolution was made public.

Interestingly, it was widely speculated at that time that the Supreme Court collegium had cleared Justice Pradeep Nandrajog’s name but when it reconvened in January 2019, one of the collegium members had retired.

It was this reconstituted collegium which recommended Justice Dinesh Maheshwari and Justice Sanjiv Khanna to the Supreme Court, instead of Justice Pradeep Nandrajog.