Advocate Rajesh Datar Withdraws Consent For Judgeship After Centre’s Inaction On SC Collegium Recommendation

Advocate Rajesh Datar from the Bombay Excessive Courtroom lately withdrew his consent kind for changing into a Bombay Excessive Courtroom choose, which he stuffed in April 2024.

Datar was advisable for appointment as a further choose of the Bombay Excessive Courtroom by the SC Collegium on September 24, 2024, underneath then Chief Justice of India (CJI) Dhananjay Chandrachud.

Notably, among the many 4 advocates advisable by the SC Collegium, Datar’s identify appeared on the high of the listing. This implies, if the mentioned suggestion had been to be authorized by the Central Authorities, he could be senior to the three different advocates.

Curiously, the opposite three advocates – Sachin Deshmukh, Gautam Ankhad and Mahendra Nerlikar have been appointed as extra judges of the HC, with Ankhad and Nerlikar taking oath of workplace on July 4. Quickly after the 2 advocates took oath, Datar withdrew his consent kind.

Confirming in regards to the growth, Datar advised Stay Legislation, “Sure, I’ve withdrawn my consent for judgeship. It’s clearly for my self-respect and likewise for the respect of the whole bar. The three advocates, junior to me have been elevated and it has been greater than 9 months now, but there was no rationalization or purpose (for not clearing my identify).”

Additional, the advocate, identified for his maintain on business and civil litigation within the metropolis, mentioned that the 9 months of ‘silence’ on a part of the Central authorities after which clearing names of the three juniors, has ‘compromised’ his dignity and standing on the Bar. He additional mentioned that he consented to judgeship solely as a result of advocates owe it to the career. “However now after ready for 9 months, I don’t assume there may be any level in persevering with with my consent,” Datar mentioned.

When requested in regards to the challenge, Justice Oka mentioned, “My robust views in regards to the method wherein the federal government is holding the suggestions pending for a very long time might be present in my latest speech at Goa. I’ve additionally mentioned about it certainly one of my judgments delivered earlier than I demitted the workplace. However about Datar’s case, I can’t supply any touch upon the bottom of propriety. As a consultee choose, I had declined to report my views on him as he was my junior colleague for 4 years. However I really feel unhappy.”

Datar shouldn’t be the one advocate, who gave up his consent for judgeship. Not too long ago advocate Shwetasree Majumdar too withdrew her consent for judgeship. She was advisable for elevation to the Delhi Excessive Courtroom by the SC Collegium on August 21, 2024.

Majumdar was advisable together with advocates Ajay Digpaul and Harish Vaidyanathan Shankar. Whereas the Central Authorities, on January 6, 2025, cleared the appointments of the opposite two advocates who had been advisable in the identical decision, Majumdar’s identify was left pending with none causes being assigned.