Neeraj Rohmetra
JAMMU, Aug 3: Decks have been cleared for the appointment of Justice Virender Singh as the new Chief Justice of Jharkhand High Court.
Reliable official sources told EXCELSIOR that the name of Justice Singh, the first puisne Judge (senior-most after the Chief Justice) had been cleared this week by the Supreme Court collegium, headed by Chief Justice of India, R M Lodha.
Justice Singh would be replacing Justice R. Banumathi, present Chief Justice of Jharkhand High Court, who has been elevated to the Apex Court. On July 22, this year the Union Government had cleared the names of senior advocate Uday Umesh Lalit and three High Court Chief Justices including Justice Banumathi as Judges of the Supreme Court.
Justice Virender Singh had been transferred to High Court of Jammu and Kashmir and assumed the charge of office on April 19, 2007. He had also functioned as the Acting Chief Justice of the High Court from April 2, 2012 to June 8, 2012.
Prior to this, he had served as Deputy Advocate General, Haryana first from May 1995 to April 1996 and then from July 1996 to January 1999. He had been elevated as Judge of Punjab and Haryana High Court on July 2, 2007.
Mr Virender Singh did his law from J V Jain College, Saharanpur and entered legal profession in June, 1978. He practised mostly on Criminal Side besides dealing with cases under the Motor Vehicles Act and Hindu Marriage Act. Till the year 1988, he practised at Rohtak and subsequently shifted to Chandigarh.
Justice Virender Singh would be replacing present Chief Justice of Jharkhand High Court, Justice R Banumathi, who had assumed this office on November 16, 2013. During her tenure as Chief Justice, Justice Banumathi dealt with several important cases including those pertaining to formulation of regulations for Jalikattu; Chidambaram Natarajar Temple case, Illegal Magnesite quarrying case and many important criminal appeals.
Besides Justice Banumathi, the SC collegium had cleared the names of two other Chief Justices — Justice Prafull Chandra Pant, who was heading HC of Meghalaya and Justice Abhay Manohar Sapre, who headed the Guhati High Court.
Official sources said that as per the convention, the inter-se seniority of puisne Judges is reckoned on the basis of their seniority in their own High Court and they are considered for appointment as Chief Justices in other High Courts, when their turn would normally have come for being considered for such appointment in their own High Court.
Sources pointed out that the Chief Justice of India, Justice R M Lodha in this case had sent his recommendations for the appointment of Justice Virender Singh as Chief Justice of Jharkhand High Court. As per the convention, before making the recommendations, he had also ascertained the view of the senior most colleagues in the Supreme Court, who were conversant with the affairs of the High Court, in which the recomendee has been functioning.
“After consultation, the views of Judges of Apex Court along with the proposal were sent by the Chief Justice of India to the Union Minister for Law, Justice and Company Affairs”, sources added.
Elaborating over the procedure to be followed, sources said, “after the receipt of the recommendation of the Chief Justice of India, the Union Minister for Law and Justice would obtain the views of concerned State Government. After receipt of views of the State Government, Union Law Ministry will submit the proposal to the Prime Minister, who will then advise the President in the selection”. As soon as the appointment is approved by the President, the Department of Justice will announce the appointment and issue necessary notification.
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