Supreme Court Collegium recommends the elevation of Advocate Firdosh Phiroze Pooniwalla as a judge of the Bombay High Court

On May 02, 2023, the Supreme Court Collegium recommended the elevation of Advocate Firdosh Phiroze Pooniwalla as a judge of the Bombay High Court. With this recommendation, the Collegium overruled the objection raised by the Intelligence Bureau that in 2020 his senior wrote an article expressing concerns over the state of freedom of expression and speech in the country. The Collegium pointed out that the published article was written by his senior and had nothing to do with his own abilities, competence, or credentials. The resolution ordered, “The Intelligence Bureau has, however, flagged that Shri Pooniwalla had earlier worked under an advocate. It is reported that the said advocate has written an article in a publication in 2020 expressing concerns over the alleged lack of freedom of speech/expression in the country in the last 5-6 years. The views which have been expressed by a former senior Shri Pooniwalla have no bearing on his own competence, ability or credentials for appointment as a Judge of the High Court of Bombay.” 

Along with this, the resolution also highlighted that between a junior and senior there is no employer-employee relationship. It illustrated “The Collegium notes that Shri Pooniwalla and his former senior practice on the Original side of the High Court of Bombay. Junior counsel associated with the chamber of a senior on the Original side is not engaged in a relationship of employer-employee with their senior. 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.”  The Collegium further noted that IB mentioned in their report that Advocate has a good personal and professional image. In this context, the resolution noted that “No adverse comments reflecting on the suitability of the candidate for elevation have been made in the file. The candidate has extensive practice at the Bar and is specialized in commercial law. The candidate professes Parsi Zoroastrianism and belongs to a minority community.” Lastly, the Collegium opined that “he is a competent lawyer with experience of about thirty years of practice in civil, criminal, constitutional, and service law cases.”