New Delhi: Supreme Court judge Justice B V Nagarathna has strongly dissented against the collegium’s decision to elevate Patna high court chief justice Vipul Manubhai Pancholi to the top court, saying the move would be “counter-productive” to the judiciary.The five-member collegium, comprising CJI B R Gavai and Justices Surya Kant, Vikram Nath, J K Maheshwari and Nagarathna, had on Aug 25 recommended names of Bombay HC chief justice Alok Aradhe and Justice Pancholi for elevation as SC judges. Justice Pancholi, if appointed, would be in line to become CJI in Oct 2031 after Justice Joymalya Bagchi’s retirement.Justice Nagarathna, the sole woman judge in SC, opposed the move citing Pancholi’s lower seniority and circumstances surrounding his transfer from Gujarat HC to Patna HC in July 2023. She noted that the transfer was “not a routine one, but a carefully considered decision taken after consultation with several senior judges, all of whom concurred”.According to sources, she also underlined concerns about regional representation in SC and warned that going ahead with Pancholi’s elevation could erode “whatever credibility collegium system still holds”. Her dissent reportedly traces back to May when Pancholi’s name was first considered. At that stage, Justice N V Anjaria was elevated ahead of him. When Pancholi’s name resurfaced three months later, Nagarathna recorded her dissent.The development has triggered sharp reactions outside the court as well. NGO Campaign for Judicial Accountability and Reforms (CJAR) issued a statement saying the August 25 resolution “makes a mockery of the earlier standards of transparency in judicial appointments”. It noted that the collegium had taken a 4-1 split decision in recommending Pancholi and questioned why he was chosen despite being only 57th in the all-India seniority list of HC judges.The CJAR statement also pointed out that Pancholi would be the third judge from Gujarat to be elevated to Supreme Court, which it said was “disproportionate to the size of Gujarat HC” while several other HCs remain unrepresented.Justice Nagarathna’s dissent, the first against a proposed CJI-designate in recent years, has once again brought the collegium system and its credibility under sharp public focus. PTI
