Controversy erupts over former Delhi HC judge's letter to President questioning elevation of two judges to Supreme Court

Justice Kailash Gambhir, the retired judge of the Delhi High Court on Wednesday dashed a letter to President Ram Nath Kovind, objecting to the decision of collegium which recommended the names of Justice Sanjiv Khanna and Justice Dinesh Maheshwari for elevation as the Supreme Court judges. The five-member Collegium headed by Chief Justice of India Ranjan Gogoi took the decision in its meeting on January 10. The Supreme Court Collegium, also comprising justices A K Sikri, S A Bobde, N V Ramana and Arun Mishra, made the decision public at the court’s official website on Friday.

"Retired judge of Delhi High Court Justice Kailash Gambhir has written to President Ram Nath Kovind, objecting to the decision of collegium which recommended elevation of Justice Sanjiv Khanna and Justice Dinesh Maheshwari to the Supreme Court," the news agency ANI reported.

Retired judge of Delhi High Court Justice Kailash Gambhir has written to President Ram Nath Kovind, objecting to the decision of collegium which recommended elevation of Justice Sanjiv Khanna and Justice Dinesh Maheshwari to the Supreme Court pic.twitter.com/zblIFuy2rZ

— ANI (@ANI) January 16, 2019

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Talking about Khanna and Maheshwari's elevation to the Supreme Court, Gambhir further said that it was scheduled to recommend Delhi HC Chief Justice Rajendra Menon and Justice Pradeep Nandrajog. With a change in Collegium, why is there a change in the decision?".

"In a sense, you are superseding 3 senior judges of the Delhi High Court. There is a supersession of 32 judges if we see the all India seniority," Gambhir added.

The decision, put on the website, noted the issue of elevation of judges was deliberated on December 12, 2018, when Justice MB Lokur was also a member of the Collegium. Justice Mishra became a member of the Collegium after Justice Lokur retired on December 30. The top court, which has a sanctioned strength of 31 judges, is presently functioning with 26 judges.

According to the website, after extensive deliberations on January 5 and 6 this year, the newly constituted Collegium deemed it appropriate to have a fresh look on the issue of elevation of judges in the light of the additional material that became available.

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Justice Maheshwari stands at Sl. No. 21 in the combined seniority of high court judges on the all-India basis. Justice Khanna was appointed a judge of the Delhi High Court on June 24, 2005, and since has been functioning there. He stands at Sl.No. 33 in the combined seniority of high court judges on the all-India basis. If elevated, Justice Khanna would become chief justice of India after Justice D Y Chandrachud in 2024.