Neeraj Rohmetra
JAMMU, Mar 20: Setting at rest the controversy regarding the appointment of four new Judges, the State High Court authorities have modified their previous recommendations and proposed that the new incumbents be appointed as Additional Judges. Besides, the High Court has also sent another proposal to the Union Law Ministry suggesting that present three Additional High Court Judges be made permanent.
Reliable sources told EXCELSIOR, “the High Court collegium has sent fresh recommendations to the Union Law Ministry that the appointments be made as Additional Judges”, adding, “the earlier recommendations had to be modified in view of the representations by members of legal fraternity before Chief Justice of India, Justice P. Sathasivam “.
Sources said, “controversy had erupted after the authorities initiated process for appointment of four new High Court Judges – two as Permanent Judges (Neeru Goswami and Sanjeev Shukla) and equal number as Additional Judges (Javed Ahmad Kawoosa and Nazi Ahmad Baig)”.
“Irked over the move to appoint new Judges on permanent basis, members of the legal fraternity had sent written representation to Chief Justice of India, Justice P. Sathasivam”, sources said adding, “even one of the present Additional High Court Judge wrote a communiqué expressing resentment of appointing new High Court Judges on permanent basis, thereby affecting their seniority”. The matter was also bought to the notice of State Governor, N N Vohra.
Sources said, “taking notice of the grievances expressed by members of legal fraternity, the State High Court authorities have modified the earlier proposal and have now recommended that the fresh appointment be made as Additional Judges”.
“Further, a proposal has also been submitted before the Supreme Court and Union Law Ministry that three Judges — Justice Tashi Rabstan, Justice Janak Raj Kotwal and Justice Bansi Lal Bhat be made permanent”, sources asserted.
It is pertinent to mention here that Jammu and Kashmir High Court has total strength of 14 Judges and at present there are only nine incumbents including Chief Justice. The sanctioned strength includes 9 Permanent Judges and five Additional Judges.
Besides Chief Justice M M Kumar, there are presently six other Permanent Judges — Justice Virender Singh, Justice Mohammad Yaqoob Mir, Justice Muzaffar Hussain Attar, Justice Hasnain Massodi, Justice Ali Mohammad Magray and Justice Dhiraj Singh Thakur. On March 8, 2013 the State High Court had appointed Justice Ali Mohammad Magray and Justice Dheeraj Singh as Permanent Judges while as Justice Tashi Rabstan, Justice Janak Raj Kotwal and Justice Bansi Lal Bhat were appointed as Additional Judges.
“If the fresh recommendations are cleared by the Supreme Court, two present incumbents are likely to be made Permanent Judges as there are only two vacancies already for Permanent Judges. Third Additional Judge will have to wait till another vacancy is created in this category”, sources asserted.
Commenting on the status of appointment of new High Court Judges, sources said that proposal, which was forwarded by the High Court Collegium in the month of January this year, has been pending with Union Law Ministry.
“Even though Code of Conduct is in place due to on-going Parliamentary polls, it would have no bearing on this process as these are Constitutional appointments and not Statutory appointments”, opined legal experts.
Pertinently, the High Collegium in January this year had sent a confidential communication to the Chief Minister and Governor in January this year recommending the names of Neeru Goswami, Deputy Advocate General; Sanjeev Shukla, Javed Ahmad Kawoosa, Senior Additional Advocate General and Nazi Ahmad Baig for appointment as High Court Judges.
Earlier, in 2013 three vacancies were created after the retirement of former Judges including Justice Pramod Kohli, Justice Sunil Hali and Justice J P Singh. Another vacancy was created when retired High Court Judge Hakeem Imtiyaz Hussain’s younger brother and a prominent law publisher Advocate Hakeem Ishtiyaz Hussain died a day after his name was cleared and recommended by the Collegium of State High Court in June 2012.
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