While proposing the names of two advocates of Calcutta High Court for the second and third time, the Supreme Court has said in strong words that "the inputs which have been furnished by the Department of Justice in the file on 25 November 2022 do not contain any fresh material or ground. Moreover, after the Supreme Court Collegium reiterated the proposal on 01 September 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government."

By its recommendation, the Supreme Court Collegium has re-recommended the names of Advocates Shri Amitesh Banerjee and Shri Sakya Sen. The proposal says in strong words that it had approved the names earlier but the department has sent the files back to the Supreme Court without any basis.

The Collegium Recommendation reads as under:-

The names of Shri Amitesh Banerjee and Shri Sakya Sen were recommended by the Collegium of the Calcutta High Court on 17 December 2018. The Supreme Court Collegium approved the proposal on 24 July 2019. After the Department of Justice referred back their names on 23 July 2021, the Supreme Court Collegium reiterated its earlier recommendation in respect of Shri Amitesh Banerjee on 01 September 2021. On 27 September 2021, the Department of Justice forwarded additional inputs of the IB dated 24 September 2021 in respect of Shri Sakya Sen. The Supreme Court Collegium reiterated its earlier recommendation on 08 October 2021 for the elevation of Shri Sakya Sen. The Department of Justice has referred back the file on 25 November 2022.

The inputs which have been furnished by the Department of Justice in the file on 25 November 2022 do not contain any fresh material or ground. Moreover, after the Supreme Court Collegium reiterated the proposal on 01 September 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government.

In view of the above, the Collegium resolves to return the file for processing the recommendations for appointment of S/Shri Amitesh Banerjee and Sakya Sen as Judges of the Calcutta High Court expeditiously."