"Centre Can't Repeatedly": Supreme Court Recommends 2 Lawyers Again

New Delhi:

The Supreme Court Collegium has reiterated the names of two advocates -- Amitesh Banerjee and Sakya Sen -- for appointment as judges in the Calcutta High Court, remarking that it was "not open for the government to repeatedly send back the proposal'. The Collegium has also reiterated the names of three other senior lawyers for elevation, among them openly gay lawyer Saurabh Kirpal.

There has been extensive back and forth on the two advocates -- whose names were recommended by the Collegium in July 2019. The government had sent its disapproval, after which the names were recommended again.

"The inputs which have been furnished by the Department of Justice in the file on November 25, 2022 do not contain any fresh material or ground," read the top court's letter to the Centre which it uploaded on its website today.

"Moreover, after the Supreme Court Collegium reiterated the proposal on September 1, 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government," read the letter signed by Chief Justice of India DY Chandrachud, and Justices SK Kaul and KM Joseph.

Apart from reiteration of names of advocates to be elevated as judges of high courts, the Collegium, in a meeting on January 17, had recommended the elevation of 17 advocates and three judicial officers as judges of the high courts of Karnataka, Allahabad and Madras.

Advocate Banerjee is the son of former Supreme Court judge Justice UC Banerjee, who headed a commission which in 2006 ruled out conspiracy angle in the 2002 Sabaramati Express fire tragedy at Godhra.

Advocate Sen is the son of Justice Shyamal Sen, who was elevated as a judge of the Calcutta High Court in 1986 and later became the Chief Justice of the Allahabad High Court. Justice Sen also served as the Governor of West Bengal from May 1999 to December 1999.