Harinath Nunepally, Kiranmayee Mandava, Sumathi Jagadam, and Nyapathy Vijay are the four advocates recommended for judgeship.
Published Oct 11, 2023 | 11:20 PM ⚊ Updated Oct 12, 2023 | 12:40 AM
Andhra Pradesh High Court. (Supplied)
The Supreme Court Collegium has recommended the appointment of four advocates — Harinath Nunepally, Kiranmayee Mandava @ Kiranmayee Kanaparthy, Sumathi Jagadam, and Nyapathy Vijay — as judges of the Andhra Pradesh High Court.
The Collegium resolution recommending the appointment of four advocates, practising in the state high court, was uploaded on the top court’s website on Wednesday, 11 October.
The Collegium resolution says that on 22 February, the Chief Justice of the Andhra Pradesh High Court, in consultation with his two senior-most colleagues, recommended the elevation of the four advocates as judges of the court.
Andhra Pradesh Chief Minister YS Jagan Mohan Reddy and Governor S Abdul Nazeer have concurred with the recommendation.
In order to ascertain the “fitness and suitability” of the four advocates for elevation as judges of the high court, the Collegium states: “We have consulted our colleagues conversant with the affairs of the High Court of Andhra Pradesh.”
The three-member Collegium that decided on recommending the names of the four advocates for elevation as judges of Andhra Pradesh High Court included the Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, and Justice Sanjiv Khanna.
Justices Kaul and Khanna are two seniormost judges of the Supreme court after Chief Justice Chandrachud.
“For the purpose of assessing the merit and suitability of the above-named candidates for elevation to the high court, we have scrutinised and evaluated the material placed on record, including the observations made by the Department of Justice in the file as well as the complaint(s) received against the candidates,” the resolution says.
In the case of advocate Harinath Nunepally, the resolution says that all the five consultee-judges, conversant with the affairs of the Andhra Pradesh High Court, “unanimously opined that the candidate is fit and suitable for appointment as a judge of the high court”.
The assessment made by the Union government in the file, the resolution says, “does not indicate anything adverse to the integrity of the candidate”.
Besides, Nunepally, the consultee-judges conversant with the affairs of the Andhra Pradesh High Court were unanimous in stating that Kiranmayee Mandava @ Kiranmayee Kanaparthy, is “fit and suitable for appointment” as high court judge.
However, in the case of Sumathi Jagadam — belonging to a Scheduled Caste category — the Collegium resolution says, “All the five consultee-judges have concurred in opining that the candidate is suitable for appointment as a judge of the high court.”
The resolution further says, “Though there are certain adverse inputs placed on the file, the Collegium has duly borne in mind the assessment of the Government of India.”
Taking into account all the inputs, the Collegium resolution says, “The candidate is a woman belonging to Scheduled Caste category. Bearing in mind all the relevant facts and circumstance, the Collegium finds the candidate suitable for appointment as a judge of the high court.”
In the case of Nyapathy Vijay, the Collegium resolution says that four of the five consultee-judges “unanimously opined that the candidate is fit and suitable for appointment as a judge of the high court”; however, Justice JK Maheshwari — one of the five consultee judges — “has not given any views on his suitability”.
Noting that there was nothing adverse in the assessment of the Union government on the “integrity” of Nyapathy Vijay, the Collegium resolution says, “Bearing in mind all the relevant facts and circumstances, the Collegium is of the considered view that the candidate is fit and suitable for appointment as a judge of the high court.”
