Advocate Rajesh Datar Withdraws Consent For Judgeship After Centre's Inaction On SC Collegium Recommendation

Advocate Rajesh Datar from the Bombay High Court recently withdrew his consent form for becoming a Bombay High Court judge, which he filled in April 2024.

Datar was recommended for appointment as an additional judge of the Bombay High Court by the SC Collegium on September 24, 2024, under then Chief Justice of India (CJI) Dhananjay Chandrachud.

Notably, among the four advocates recommended by the SC Collegium, Datar's name appeared at the top of the list. This means, if the said recommendation were to be approved by the Central Government, he would be senior to the three other advocates. 

Interestingly, the other three advocates - Sachin Deshmukh, Gautam Ankhad and Mahendra Nerlikar have been appointed as additional judges of the HC, with Ankhad and Nerlikar taking oath of office on July 4. Soon after the two advocates took oath, Datar withdrew his consent form.

Confirming about the development, Datar told Live Law, "Yes, I have withdrawn my consent for judgeship. It is obviously for my self-respect and also for the respect of the entire bar. The three advocates, junior to me have been elevated and it has been more than nine months now, yet there has been no explanation or reason (for not clearing my name)."

Further, the advocate, known for his hold on commercial and civil litigation in the city, said that the nine months of 'silence' on part of the Central government and then clearing names of the three juniors, has 'compromised' his dignity and standing at the Bar. He further said that he consented to judgeship only because advocates owe it to the profession. "But now after waiting for nine months, I do not think there is any point in continuing with my consent," Datar said. 

When asked about the issue, Justice Oka said, "My strong views about the manner in which the government is keeping the recommendations pending for a long time can be found in my recent speech at Goa. I have also said about it one of my judgments delivered before I demitted the office. But about Datar's case, I will not offer any comment on the ground of propriety. As a consultee judge, I had declined to record my views on him as he was my junior colleague for 4 years. But I feel sad."

Datar is not the only advocate, who gave up his consent for judgeship. Recently advocate Shwetasree Majumdar too withdrew her consent for judgeship. She was recommended for elevation to the Delhi High Court by the SC Collegium on August 21, 2024. 

Majumdar was recommended along with advocates Ajay Digpaul and Harish Vaidyanathan Shankar. While the Central Government, on January 6, 2025, cleared the appointments of the other two advocates who were recommended in the same resolution, Majumdar's name was left pending without any reasons being assigned.