Controversy Over Proposed Elevation of Judge as Chief Justice of Himachal Pradesh HC
Controversy Over Proposed Elevation of Judge as Chief Justice of Himachal Pradesh HC
Justice A K Mittal, who is senior to Justice Surya Kant, has been left out of the race by the collegium which in its recommendation has said that all relevant parameters for elevation favoured the latter.

New Delhi: Fresh controversy seems to have cropped up over the January 10 recommendation of the Supreme Court collegium for the elevation of a judge as the Chief Justice of Himachal Pradesh High Court. Sources said the Centre was yet to take a call on the recommendation to elevate Justice Surya Kant of Punjab and Haryana High Court as the Chief Justice of Himachal Pradesh High Court by superseding a judge senior to him.

Justice A K Mittal, who is senior to Justice Surya Kant, has been left out of the race by the collegium which in its recommendation has said that all relevant parameters for elevation favoured the latter. "Though Justice A K Mittal is senior to Justice Surya Kant in the seniority of Judges of the Punjab and Haryana High Court, having regard to all relevant factors and since we consider Justice Surya Kant more suitable than Justice A K Mittal, we are not recommending name of the latter, for the present, for appointment as Chief Justice," the notification, about the January 10 collegium meeting, said.

Sources said the "consultee" judges' opinion on the elevation was not in accordance with the established procedure. While one of the judges who came to the Supreme Court from the Punjab and Haryana High Court was not in favour of superseding the senior judge, another judge who was once the Chief Justice of the same high court supported the view of a judge in the collegium not to elevate the senior judge.

Sources said both the consultee judges in their note spoke about some complaint against the two high court judges and the note had come after the January 10 collegium meeting.

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