The union government has cleared the appointment of lawyer Firdosh Phiroze Pooniwalla as an additional judge of the Bombay High Court on June 12, 2023, along with that of two other advocates. In order of seniority, these are Pramod Brahme, Pooniwalla and Jitendra Jain.
Justice Firdosh Pooniwalla
The Supreme Court Collegium led by the Chief Justice of India D. Y. Chandrachud had put forward the names of the trio on May 2 following a recommendation by the Chief Justice of the Bombay High Court, notes news report.
Pooniwalla’s candidature had been objected to by the Intelligence Bureau (IB) which flagged a 2020 article written by senior advocate Navroz Seervai under whom Pooniwalla had worked as a junior. Seervai, a champion of civil liberties, has fought human rights cases pro bono. Seervai’s article expressed concern over the alleged lack of freedom of speech in the country. In its resolution of May 2, the Collegium overruled the IB’s objection stating that the views expressed by the senior colleague "had no bearing on (Pooniwalla’s) competence, ability or credentials for appointment as a judge of the High Court of Bombay.”
They noted the relationship between a senior and junior counsel is not an "employer employee” relationship. "While juniors are associated with the chamber, they are free to do their own work and for all intents and purposes are entitled to independent legal practice. No adverse comments reflecting on the suitability of the candidate for elevation have been made in the file. The candidate has an extensive practice at the Bar and is specialized in commercial law. The candidate professes Parsi Zoroastrianism and belongs to a minority community,” opined the Collegium, as reported in The Economic Times’ LegalWorld.com of May 3.
Noted lawyer and former advocate general of Maharashtra and erstwhile additional solicitor general of India Darius Khambata welcomed Pooniwalla’s elevation noting, "He’s a great choice for judgeship. He was always meticulously prepared for a matter, very hard working and had an excellent legal mind… always of great assistance. But above all, his values and principles are of a high order. You could always rely on his word. A man who speaks the truth and has unimpeachable integrity.”