Neeraj Rohmetra
Jammu, Dec 19: Supreme Court collegium headed by Chief Justice of India, H L Dattu has recommended the name of Madras High Court Judge, Justice N Paul Vasantha Kumar to be appointed as Chief Justice of Jammu and Kashmir.
Reliable official sources told EXCELSIOR, “the recommendation for appointment of Justice Paul had been made some time back by the Chief Justice of India, after consultation with his senior colleagues and the process of appointment is in final stages”.
The term of present incumbent Justice M M Kumar ends on January 4, next year.
Justice Vasantha had been appointed as Additional Judge of Madras High Court on December 10, 2005 and as Permanent Judge on July 20, 2007. During his stint in the High Court of Madras, he had delivered several important judgements on several legal issues.
Among the important judgements pronounced by Justice Vasantha included statutory prohibition for failing a student and retaining (him) in the same standard, refusing permission for granite quarrying in hilly areas, making compulsory for banks to provide loans to students for educational purposes, etc.
Prior to his appointment, Justice Vasantha held the post of Senior Standing Counsel for Tamil Nadu Public Service Commission and also standing counsel for Central Government. He was also given an honorary post of the member in Ecclesiastical Synod Court, C.S.I Specialist in Service Law, Labour Law and Education matter.
Justice Vasantha would be replacing the present Chief Justice M M Kumar, who retires on January 4. Pertinently, Justice Kumar had assumed the office of Chief Justice on June 8, 2012 and during his tenure, had won accolades from legal luminaries and people across the State. Known for his clean image and fearless judgments of far-reaching consequences, Justice Kumar had pulled up the executive for its failure to mitigate the plight of people, while hearing several Public Interest Litigations (PILs).
Justice Kumar delivered several landmark judgements including those pertaining to illegal constructions in Katra, Srinagar, Jammu; Gulmarg land scam, Roshni land scam, Vigilance clearance of Government officials, food adulteration cases and several others. Besides, the judiciary under his supervision came to the rescue of flood-affected victims and made the relief operations time bound.
Prior to taking over the reins of Jammu and Kashmir State, Justice Kumar served as acting Chief Justice of Punjab & Haryana High Court.
Mr Kumar had been nominated as Member of the Jury for Nehru Award of International Understanding by the President of India on recommendation of the Chief Justice of India. He has also authored a book titled ‘Control of Exclusion Clauses in England and India’ in 1985.
According to legal experts, the provisions of Article 217 will have to be followed for appointment of a Chief Justice of a High Court and in the case of Jammu & Kashmir High Court, appointment of Chief Justice is made in accordance with Section 95 of the Constitution of Jammu & Kashmir.
Sources said, “the process for appointment of Justice N Pal Vasantha Kumar had been initiated by the Chief Justice of India, H L Dattu in consultation with the two senior most Judges of the Supreme Court. He also ascertained the views of the senior most colleague in the Supreme Court, who was conversant with the affairs of the High Court in which the recommendee has been functioning and whose opinion is likely to be significant in adjudging the suitability of the candidate.”
As per the convention, the views of the Judges of the Supreme Court thus consulted were then sent by the Chief Justice of India along with his proposal, to the Union Minister of Law and Justice.
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