SC stays Allahabad HC order related to judge's appointment

The Supreme Court today stayed the proceedings in the Allahabad High Court related to a  petition challenging the appointment of Dr Satish Chandra as a judge of the High Court. A Bench headed by Chief Justice K G Balakrishnan, in an interim order, stayed the direction of the High Court seeking the report of the collegium recommending the appointment of Chandra as the judge of the High Court. The Bench issued notices to the Centre and advocate Mahesh Chandra Gupta, who has challenged the appointment of Chandra as the judge contending that he lacks the essential qualification.

The apex court has also sought response from Chandra, who is now the sitting judge of the High Court. Allahabad High Court has challenged the order of its judicial side contending that its division bench has exceeded its jurisdiction. 

The High Court Bench comprising Justices Sushil Harkauli and Vikram Nath had directed the High Court (Administrative side) to place before it the report of committee which made a recommendation to the collegium, consisting of the Chief Justice of the High Court and its two senior most judge, to appoint Chandra as a judge of the Allahabad High Court. 

Senior advocate Harish Salve and Ashok K Srivastava, appearing for the High Court, submitted that when only the eligibility was challenged how could High Court seek the records of the collegium and sub-committee relating to the consultation process on appointment of a judge.  

Salve urged the Bench, also comprising Justices V S Sirpurkar and P Sathasivam, to hear the matter saying its a serious matter as the steps taken by the High Court amount to judicial review of the decision on appointment of judge. "How can the collegium report be sought. Then we are going into the merits (decision to appoint judge)," he said adding that the High Court can go into the issue of eligibility but not into the decision of the collegium which are confidential in nature. Chandra was appointed as the judge of the High Court on August 6.