Name of Beig rejected, Makroo’s case remitted to State CJ
Neeraj Rohmetra
JAMMU, Jan 18: Supreme Court Collegium has asked the Union Ministry of Law and Justice to submit detailed reasons for referring back the case of Advocate Wasim Sadiq Nargal for reconsideration regarding his appointment as Judge of Jammu and Kashmir High Court. However, it has out-rightly rejected the name of another Advocate and remitted the case of third one to the Chief Justice of the State.
A proposal for appointment of three Advocates namely Wasim Sadiq Nargal, Nazir Ahmed Beig and Showkat Ahmad Makroo as Judges of the Jammu and Kashmir High Court was considered by the Supreme Court Collegium comprising Chief Justice of India Justice Ranjan Gogoi, Justice A K Sikri and Justice S A Bobde two days back.
The recommendation made by the Collegium of the Jammu and Kashmir High Court on August 24, 2017 for elevation of two of these recommendees—-Advocate Wasim Sadiq Nargal and Advocate Nazir Ahmed Beig was approved by the Supreme Court Collegium on April 6, 2018.
However, when the decision of the Supreme Court Collegium reached Union Ministry of Law and Justice, the latter referred the matter back to the Chief Justice of India for reconsideration by the Apex Court Collegium in the light of the observations made in the file.
The Supreme Court Collegium in its meeting held on January 16, 2019 carefully scrutinized the material placed on record including the reasons recorded in the file by the Union Law Ministry seeking reconsideration of the proposal for elevation of Advocates Wasim Sadiq Nargal and Nazir Ahmed Beig.
“As regards Advocate Wasim Sadiq Nargal, consideration of the proposal for his elevation is deferred for the present” read the decision of the Supreme Court Collegium, the copy of which is available with EXCELSIOR.
Meanwhile, the Collegium requested the Department of Justice, Union Ministry of Law to furnish specific information in detail on the basis of which the proposal for elevation of Advocate Nargal has been referred back for reconsideration by the Collegium.
About Advocate Nazir Ahmed Beig, the Collegium after considering all relevant factors and the material placed in the file found it appropriate to recall its recommendation dated April 6, 2018 for his elevation. “The Collegium, therefore, resolves to recommend that the proposal for his elevation need not to be processed any further”, read the decision of the Collegium.
About Advocate Showkat Ahmad Makroo, the Collegium order reads: “Having regard to all relevant factors and the material placed in the file, the Collegium is of the considered view that the proposal for his elevation deserved to be remitted to the Chief Justice of the J&K High Court”.
It is pertinent to mention here that sanctioned strength of J&K High Court is 17 of which 13 are Permanent Judges and 4 are Additional Judges. However, at present there are only 9 Judges including Chief Justice Gita Mittal.
The sitting Judges of the High Court are Justice Rajesh Bindal, Justice Ali Mohd Magrey, Justice Dhiraj Singh Thakur, Justice Tashi Rabstan, Justice Sanjeev Kumar, Justice Sanjay Kumar Gupta, Justice Sindhu Sharma and Justice Rashid Ali Dar.
Due to shortage of Judges, the High Court is facing difficulties in disposal of the pending cases.
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