Mumbai: Advocate Somasekhar Sundaresan sworn in as additional judge of Bombay High Court

Advocate Somasekhar Sundaresan. File pic

Advocate Somasekhar Sundaresan was on Tuesday sworn in as an additional judge of the Bombay High Court five days after the central government cleared his name for the appointment.

In October 2021, the Collegium of Bombay High Court had recommended the name of Sundaresan. In February 2022, the Supreme Court collegium recommended his name for appointment as a judge of the Bombay High Court.

The government in November 2022, had sought reconsideration of Sundaresan's candidature saying "he has aired his views in the social media on several matters which are the subject matter of consideration before the courts."

"Having considered the objection to the candidature of Somasekhar Sundaresan, the Collegium is of the view that the views on social media attributed to the candidate do not furnish any foundation to infer that he is biased. The issues on which opinions have been attributed to the candidate are in the public domain and have been extensively deliberated upon in the print and electronic media," the Supreme Court collegium had said on January 18 while reiterating his name.

On November 23, Sundaresan was appointed as the additional judge by the central government, 11 months after his name was recommended by the Supreme Court collegium.

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The collegium had observed that the manner in which the candidate had expressed his views does not justify the inference that he is a "highly biased opinionated person" or that he has been "selectively critical on the social media on the important policies, initiatives and directions of the government" as indicated in the objections of Department of Justice.

It had also said that nor is there any material to indicate that the expressions used by the candidate are suggestive of his links with any political party with strong ideological leanings.

"All citizens have the right to free speech and expression under Article 19(1)(a) of the Constitution. Expression of views by a candidate does not disentitle him to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity," the Supreme Court collegium had observed.

Meanwhile, Bombay High Court Chief Justice D K Upadhyaya administered the oath to Sundaresan on Tuesday.

At present, the Bombay High Court functions with 68 judges as against the sanctioned strength of 94. (With inputs from agencies)