Centre’s decision still pending on Nargal
Apex Court likely to take up 2 Judicial Officers case soon
Mohinder Verma
JAMMU, Sept 3: Supreme Court Collegium in its meeting held recently has reiterated its earlier recommendation for elevation of two Advocates namely Rahul Bharti and Moksha Kazmi as Judges of the Common High Court of Jammu and Kashmir and Ladakh.
“On reconsideration, the Supreme Court Collegium has resolved to reiterate its earlier recommendation for elevation of Advocates Rahul Bharti and Moksha Kazmi (Khajuria) as Judges of the J&K and Ladakh High Court”, read the statement issued by the Supreme Court, the copy of which is available with EXCELSIOR.
On October 15, 2019, the Apex Court Collegium headed by the then Chief Justice of India Ranjan Gogoi had recommended the appointment of two lawyers-Kazmi and Rajnesh Oswal as Judges of the J&K High Court.
While the Government cleared Rajnesh Oswal, who became a Judge in April 2020, Kazmi’s file was pending. Earlier this year, Union Law Ministry returned Kazmi’s file to the Supreme Court Collegium for reconsideration without stating any reason and Apex Court has now reiterated its earlier decision.
In March 2019, the J&K High Court Collegium led by the then Chief Justice Gita Mittal had initiated the process of appointment of four Advocates—Moksha Kazmi, Rajnesh Oswal, Javed Iqbal Wani and Rahul Bharti as Judges of the High Court.
On October 15, 2019, the Supreme Court Collegium first took up the recommendations of Kazmi and Oswal followed by Wani’s on January 22, 2020 and Rahul Bharti’s on March 2, 2021. Wani was appointed Judge of the High Court in June 2020.
In the month of March this year, the Apex Court Collegium had for the second time given its approval for the appointment of Senior Advocate Wasim Nargal as Judge of the Common High Court of Union Territories of J&K and Ladakh.
The name of Nargal was recommended by the J&K HC on August 24, 2017 and was cleared by the SC Collegium after interaction on April 6, 2018 and subsequently, cleared by the Ministry of Law & Justice but was not appointed.
Subsequently, his case was sent for reconsideration and there was nothing adverse against him which can be corroborated from the SC Collegium resolution dated January 16, 2019, wherein the Collegium sought reasons from the Union Government as to why he was not appointed inspite of being cleared by the Collegium.
The SC collegium once again cleared his name and reiterated his recommendation of 2018 again in March 2021.
“Since the Apex Court Collegium has recommended his case for the second time now, it will be binding on the Government”, sources asserted adding, “the recommendations of the Apex Court Collegium are binding on the Government, if the Collegium gives its approval for the same second time and therefore Union Law Ministry will have to give its assent”.
According to the sources, the file pertaining to recommendations by J&K High Court Collegium for elevation of two Judicial Officers, which was sent in December last year, is lying with the Supreme Court Collegium and the same is likely to be taken up soon for further recommendation to the Union Law Ministry.
In December last year the J&K High Court Collegium had recommended two senior-most Judicial Officers – Mohan Lal Manhas and Mohammad Akram Chowdhary for elevation as High Court Judges.
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