Mohinder Verma
JAMMU, May 10: Government has failed to resolve the impasse between Raj Bhawan and State High Court over the appointment of District and Sessions Judges during the past nearly two months and the file returned by the Governor with certain queries is still lying in the Law Department. This is notwithstanding the fact that there are sufficient legal provisions whereby appointment related issues can be easily thrashed.
The process for filling up of vacant posts of District and Sessions Judges under promotion quota was initiated last year and accordingly written test of all the applicants (in-service Sub Judges/Chief Judicial Magistrates) was conducted.
During this process, 24 candidates were shortlisted for the interview and on the basis of merit and suitability besides all other relevant aspects eight in-service Sub-Judges/Chief Judicial Magistrates were chosen for appointment as District and Sessions Judges under promotion quota.
Thereafter, the names of these eight candidates were placed before the Full Court, which immediately recommended seven names to the Governor through Law Department for approval and issuance of appointment orders. However, the 8th name was recommended only after completion of enquiry which was initiated against this particular candidate.
According to the sources, at the first instance the Governor N N Vohra sought to know the reasons behind two separate recommendations by the Full Court and demanded copy of the Full Court Resolution for the sake of ensuring transparency in the whole process. With these queries, the Raj Bhawan sent the file back to the Law Department for necessary action at its end.
While recording reasons behind making two separate recommendations, the High Court chose not to furnish the copy of Full Court Resolution on the ground that recommendations of the Full Court were binding upon the Government, sources said, adding the response of the High Court was again conveyed to the Governor, who expressed serious concern over the stance of the judiciary.
Accordingly, the Raj Bhawan again returned the file to the Law Department seeking to know whether the binding on the Government to act on the recommendations of the Full Court bars Governor from seeking any clarification or documents from the High Court, sources informed.
Despite lapse of nearly two months the Law Department has neither furnished the legal opinion to the Governor nor took up the issue of furnishing copy of Full Court Resolution with the High Court once again, they said while disclosing that the file is still lying with the Minister for Law and Justice despite the fact that he had also consulted officers of the Law Department on the subject.
“The delay in resolving impasse between Raj Bhawan and High Court is notwithstanding the fact that there are sufficient legal provisions whereby issues related to appointment of District Judges can be easily thrashed”, sources said while referring to provisions of Constitution of Jammu and Kashmir and numerous judgments of the Apex Court of the country on the subject.
Section 109 of the Constitution of Jammu and Kashmir states that appointment of persons to be, and the postings; and promotion of District Judges in the State shall be made by the Governor in consultation with the High Court. Similarly, Supreme Court, in its numerous judgments, has laid stress on exchange of views and obtaining of clarifications on certain important issues in the process of making appointment of District and Sessions Judges particularly aimed at ensuring transparency.
“The binding of the Government to act on the resolution of the Full Court doesn’t mean that signatures are to be put blindly”, sources said quoting the observations of the Raj Bhawan, adding “the Law Department should have furnished legal opinion to the Raj Bhawan and held consultations with the High Court in order to ensure that process of appointment of District and Sessions Judges which was initiated last year is taken to the logical conclusion”.
They further said, “the primary objective of all the concerned should be that appointments are cleared at the earliest so that these judges start dispensing justice to the litigants”.
Follow our WhatsApp channel