The Supreme Court Collegium on Tuesday overruled the objection by Intelligence Bureau (IB) to the appointment of advocate Firdosh Phiroze Pooniwalla as a judge of the Bombay High Court..The Collegium while resolving to recommend Pooniwalla for judgeship, noted in its resolution that IB had objected to the candidature of Pooniwalla by flagging an article written by an advocate under whom Pooniwalla used to work as a junior. The said article was written in 2020 expressing concerns over the alleged lack of freedom of speech/expression in the country in the last 5-6 years.The Collegium in its resolution said that the views expressed by a former senior of Pooniwalla have no bearing on Pooniwalla's own competence, ability or credentials for appointment as a judge of the High Court."Moreover, the Collegium notes that Shri Pooniwalla and his former senior practise on the Original side of the High Court of Bombay. 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 the 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 resolution said.It also noted that Pooniwalla professes Parsi Zoroastrianism and belongs to a minority community.In view of all of the above, it overlooked the IB objection and chose to recommend Pooniwalla's appointment..[Read Resolution]
The Supreme Court Collegium on Tuesday overruled the objection by Intelligence Bureau (IB) to the appointment of advocate Firdosh Phiroze Pooniwalla as a judge of the Bombay High Court..The Collegium while resolving to recommend Pooniwalla for judgeship, noted in its resolution that IB had objected to the candidature of Pooniwalla by flagging an article written by an advocate under whom Pooniwalla used to work as a junior. The said article was written in 2020 expressing concerns over the alleged lack of freedom of speech/expression in the country in the last 5-6 years.The Collegium in its resolution said that the views expressed by a former senior of Pooniwalla have no bearing on Pooniwalla's own competence, ability or credentials for appointment as a judge of the High Court."Moreover, the Collegium notes that Shri Pooniwalla and his former senior practise on the Original side of the High Court of Bombay. 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 the 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 resolution said.It also noted that Pooniwalla professes Parsi Zoroastrianism and belongs to a minority community.In view of all of the above, it overlooked the IB objection and chose to recommend Pooniwalla's appointment..[Read Resolution]