Competence best judged by higher judiciary, not IB: Collegium

Professional competence of those being considered for appointment as judges can best be determined by the members of the higher judiciary and not by the Intelligence Bureau (IB), the Supreme Court collegium has said.
The apex court collegium, headed by Chief Justice Dipak Misra, has said this while recommending the names of three of the four advocates for appointment as judges of the Jharkhand High Court.
"As regards comments of Intelligence Bureau about professional competence...we are of the view that professional competence can best be determined by the members of the higher judiciary who have the opportunity to observe his performance on a daily basis," the collegium, which also comprised Justices J Chelameswar and Ranjan Gogoi, said.

"As regards comments touching upon his integrity, the same are qualified by Intelligence Bureau's own statement that 'there is nothing on record'. In our view, it would not be appropriate to take cognisance of any unsubstantiated information based on discreet inquiries made by the Intelligence Bureau," the collegium said.
The apex court collegium has recommended the names of advocates Rajesh Kumar, Anubha Rawat Choudhary and Kailash Prasad Deo for appointment as judges of the Jharkhand High Court after finding them suitable for elevation to the bench.
"Their inter se seniority be fixed as per the existing practice," it said.

Similarly, the collegium has also recommended the name of advocate Arindam Lodh for elevation as a judge of the Tripura High Court.

The collegium also dealt with proposal for appointment of three additional judges as permanent judges of the Gauhati High Court.
It noted in its resolution that terms of two out of these three additional judges was going to expire shortly on November 21.
The collegium has said that at present, the two out of these three judges be appointed as additional judges for a fresh term of one year with effect from November 22, while one of them be appointed as additional judge for a fresh term of one year from January 7, 2018.