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NEW DELHI: The Supreme Court collegium on Thursday recommended the elevation of Delhi high court chief justice Manmohan to the apex court.
The decision, taken by the five-member collegium comprising Chief Justice of India (CJI) Sanjiv Khanna, and justices Bhushan R Gavai, Surya Kant, Hrishikesh Roy and Abhay S Oka, underscored a blend of considerations, including seniority, merit, integrity and the need to maintain adequate representation of the Delhi high court in the Supreme Court.
The top court, which has a sanctioned strength of 34 judges, including the CJI, is currently short of two judges.
The collegium resolution highlighted that the Supreme Court currently has only one judge from the Delhi high court — CJI Khanna — following the recent retirements of justices S Ravindra Bhat (September 2023), Sanjay Kishan Kaul (December 2023), and Hima Kohli (September 2024). Historically, the Delhi high court has contributed three to four judges to the Supreme Court at any given time, making justice Manmohan’s elevation timely to restore this representation.
“Justice Manmohan stands at serial number 2 in the combined all-India seniority of high court judges and he is the seniormost judge in the high court of Delhi. While recommending his name, the collegium has taken into consideration the fact that, at present, the Bench of Supreme Court is represented by only one judge from the high court of Delhi,” said the resolution.
The resolution will be sent to the Union government for its approval and subsequent notification of appointment.
According to people aware of the matter, a sitting Delhi high court judge has also been proposed to be transferred back to his parent high court. Justice CD Singh, who was shifted to the Delhi high court in October 2021, has been proposed to be moved back to the Allahabad high court where he was appointed as a judge in September 2017. People cited above said that the judge has been asked by the collegium to submit his views on the proposal, following which the collegium would take a final decision.
Justice Manmohan’s journey to the highest court is marked by an illustrious legal career. Born on December 17, 1962, in Delhi to late Jagmohan, a noted bureaucrat and politician, he completed his schooling at Modern School, Barakhamba Road, and graduated with a BA (Hons) in History from Hindu College, University of Delhi. After earning his law degree from the Campus Law Centre, University of Delhi, in 1987, justice Manmohan began practising law, specialising in civil, criminal, constitutional and arbitration matters.
In 2003, the Delhi high court designated him a senior advocate, recognising his expertise in high-profile cases such as the Dabhol Power Company dispute and the Hyderabad Nizam’s Jewellery Trust matter. Appointed as an additional judge of the Delhi high court in 2008 and confirmed as a permanent judge in 2009, justice Manmohan steadily ascended the judicial ranks.
Following justice Satish Chandra Sharma’s elevation to the Supreme Court in November 2023, justice Manmohan served as the acting chief justice before being sworn in as the full-time chief justice of the Delhi high court on September 29, 2024.
Justice Manmohan’s tenure at the Delhi high court is studded with significant rulings. In April 2023, his bench upheld the constitutionality of the Centre’s GST notification on ride-hailing platforms such as Uber, asserting their obligation under the Central Goods and Services Tax Act, 2017. In July 2024, he upheld a law mandating a 50% statutory warning on pan masala packages, prioritising public health over private interests.
He also led significant judicial interventions in public administration. In February 2024, his bench ordered a review of Delhi’s state-run hospitals, aiming to optimise medical infrastructure. His directives in April to streamline the city’s drainage system and address encroachments on Yamuna floodplains emphasised environmental protection and urban management.
Justice Manmohan has not shied away from critiquing the political leadership. In April 2024, he rebuked the Delhi government for failing to supply uniforms and books to municipal school students, accusing it of prioritising political consolidation over governance. His bench castigated then Delhi chief minister Arvind Kejriwal over delays in implementing welfare policies due to his detention in the Delhi excise policy case. At the same time, it steered clear of the “political thicket” by rejecting a set of petitions pressing for judicial orders to remove the AAP chief. Justice Manmohan was clear that there was no scope for judicial interference in such matters and emphasised that the court should not wade into political disputes. This balanced approach reflected his attitude towards accountability while maintaining judicial propriety.
In another order, justice Manmohan recently compelled Wikipedia to share user information and remove defamatory content related to a legal dispute with Asian News International, marking a precedent in digital accountability.