Disclosing Sensitive Information In Matters Involving Appointment Of Judges Will Compromise Privacy Of Individuals & Integrity Of The Process: Supreme Court

The Supreme Court, in a judgment delivered today, observed that there is a need to protect certain sensitive information in matters involving appointment of judges.

Disclosing sensitive information in such matters would compromise not only the privacy of the individual but also the integrity of the process, the court said.

This observation was made while allowing the Writ Petition filed by the two senior-most district and Sessions Judges of Himachal Pradesh, alleging their exclusion from elevation as High Court judges.

"Before parting, it needs to be stated that there is also a need to protect certain sensitive information in matters involving appointment of judges. While transparency is necessary to ensure fairness and accountability, it must be carefully balanced with the need to maintain confidentiality. Disclosing sensitive information would compromise not only the privacy of the individual but also the integrity of the process.", the bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra observed.

In this case, the petitioners, Senior District and Sessions Judges Mr. Chirag Bhanu Singh and Mr. Arvind Malhotra, contended that the Himachal Pradesh High Court Collegium without first reconsidering the two petitioners in terms of the Supreme Court Collegium Resolution dated 4th January,2024 as communicated in the Law Minister’s letter dated 16th January,2024 had recommended two other judicial officers for elevation. They argued that if the latter recommended persons are considered for appointment ahead of the two petitioners, it would amount to ignoring their seniority and long-standing unblemished service.

While allowing their writ petitions, the court held that the Chief Justice of a High Court cannot individually reconsider a recommendation and it can only be done by the High Court Collegium acting collectively. It therefore, directed that the High Court Collegium should now reconsider the names of Mr. Chirag Bhanu Singh and Mr. Arvind Malhotra for elevation as Judges of the High Court.

Cause Title: Chirag Bhanu Singh and Anr. v. High Court of Himachal Pradesh And Ors. 2024 INSC 660 [W.P.(C) No. 000312/ 2024]

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