Collegium recommends Firdosh Pooniwalla be elevated to the position of judge, overriding IB objection to his senior's article about the lack of free speech.

On Tuesday, the Supreme Court Collegium overruled the Intelligence Bureau's (IB) challenge to the selection of attorney Firdosh Phiroze Pooniwalla as a Bombay High Court judge.

The Collegium decided to recommend Pooniwalla for a judgeship, but it made note in its resolution that IB had objected to Pooniwalla's candidature by drawing attention to an article written by an attorney who Pooniwalla had previously worked as a junior.

The aforementioned piece, which was written in 2020, expressed concerns about the country's purported lack of freedom of speech and expression over the previous five to six years.

The Collegium declared in its resolution that Pooniwalla's personal competence, ability, or qualifications for appointment as a judge of the High Court are unaffected by the opinions made by a former superior of his.

"The Collegium further points out that Shri Pooniwalla and his old mentor practise on the Original side of the Bombay High Court. On the Original side, junior counsel affiliated with a senior's chamber are not in an employer-employee relationship with their senior. While juniors are connected to the chamber, they are free to work independently and effectively have the right to independent legal practise. No unfavourable remarks regarding the candidate's suitability for elevation have been made in the file, "stated the resolution.

Pooniwalla is a member of a minority group and professes Parsi Zoroastrianism, it was further observed.

Given all said above, it decided to endorse Pooniwalla's nomination notwithstanding the IB's objection.