New Delhi: The President of India, in exercise of the power conferred by the Constitution of India and after consultation with the Chief Justice of India, has appointed Advocate Shri Arun Kumar as a Judge of the Allahabad High Court.
The appointment follows the reiteration of his candidature by the Supreme Court Collegium on 09 May 2023. The appointment materialised after the Supreme Court Collegium, in a resolution dated May 9, 2023, affirmed its belief that the candidate was “eminently fit and suitable” for the position.
The Collegium of the Allahabad High Court first recommended Shri Arun Kumar for elevation on September 2, 2022. When the Supreme Court Collegium, comprising Chief Justice of India Dhananjaya Y. Chandrachud, Justice Sanjay Kishan Kaul, and Justice K.M. Joseph, considered this recommendation on January 17, 2023, it decided to defer the proposal. The deferral was prompted by a report from the Intelligence Bureau.
Seeking clarity, the Collegium passed a resolution requesting the IB to provide specific material backing its conclusion. The resolution stated: “The IB may, therefore, be requested to furnish, within two weeks from the date of receipt of this file in the Department of Justice, specific material, if any, on the basis of which the above conclusion has been drawn by the IB in its report”.
On May 3, 2023, the Department of Justice forwarded a subsequent report from the Intelligence Bureau, dated February 1, 2023. In this communication, the IB stated that it had “no additional inputs in addition to the earlier inputs”.
Collegium’s Reassessment and Final Resolution
In its May 9 resolution, the Supreme Court Collegium took into account several factors supporting Shri Kumar’s candidature. It was noted that the Chief Minister and the Governor of the State of Uttar Pradesh had both concurred with the recommendation made by the High Court Collegium. Further, three of the four consultee-judges from the Supreme Court had positively opined on the candidate’s suitability, while one judge had not expressed an opinion.
The Collegium also considered the candidate’s professional credentials. Shri Kumar, aged about 51 years, fulfils the income criterion for the post. He possesses over 25 years of experience practicing at the Bar, where he has handled a wide array of cases in constitutional, civil, and revenue jurisdictions before the High Court.
Given these aspects, and particularly noting that the Intelligence Bureau had “no additional / specific inputs or verifiable material,” the Collegium concluded its re-evaluation.
The resolution stated, “Having regard to the above aspects and bearing in mind that the Intelligence Bureau has no additional / specific inputs or verifiable material, the Collegium is of the considered opinion that the candidate is eminently fit and suitable for appointment as a Judge of the High Court of Judicature at Allahabad”.
Consequently, the Collegium resolved to recommend that Shri Arun Kumar, Advocate, be appointed as a Judge of the High Court of Judicature at Allahabad. This recommendation led to his formal appointment by the President of India after more than 2 Years.
