The Supreme Court collegium headed by Chief Justice of India – D Y Chandrachud, and comprising Justices SK Kaul and KM Joseph, has recommended Parsi lawyer, Advocate Firdosh Phiroze Pooniwalla, for appointment as a Bombay High Court judge, rejecting the objection put forth by the Intelligence Bureau (IB) about Pooniwalla being junior to an advocate who wrote an article expressing concern over alleged lack of free speech in India.

The collegium expressed the consultee-judges have opined that Firdosh Phiroze Pooniwalla is suitable for elevation and IB has stated in its report that he has a good personal and professional image and that nothing adverse has come to notice regarding his integrity and that he is not associated with any political party.

The collegium, in a resolution released on 2^nd May, 2023, stated, “The Intelligence Bureau has, however flagged that 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 of Pooniwalla have no bearing on his own competence, ability or credentials for appointment as a Judge of the High Court of Bombay.” In January, the collegium had reiterated its recommendation to appoint two lawyers as judges in the high courts of Bombay and Madras respectively, emphasising on the importance of free speech.