SC has sent J & K’s lawyer name three times for HC, government has not yet cleared it

In another departure from the procedural protocol that governs the process for appointing judges to the higher magistrate, six months after the Supreme Court Collegium for the second time reiterated its recommendation to appoint a lawyer as a judge of the High Court of Jammu- and Kashmir, the government has yet to follow through.

The Indian Express has learned that the Collegium reiterated its recommendation for attorney Sadiq Wasim Nagral for the second time in March of this year. Sources said the Nagral recommendation is currently the oldest pending recommendation with the government.

A lawyer based in Jammu, Nagral served as Senior Additional General Counsel for the former state of Jammu and Kashmir and primarily represented the Home Office. As a lawyer for the central government, he represented the security forces, including the army, the BSF and the CRPF before the High Court.

Nagral’s name was first proposed by the High Court Collegium on August 24, 2017. His candidacy was approved by the Supreme Court Collegium on April 6, 2018. Subsequently in January 2019 and again in March of this year, the Supreme Court Collegium reiterated its decision. .

By agreement, the government is bound to accept the Collegium’s recommendation if the decision has been repeated.

Besides Nagral, the Supreme Court Collegium reiterated two other names as J&K High Court judges, which remain pending with the government. On September 1, he reiterated the names of lawyers Moksha Khajuria Kazmi and Rahul Bharti.

While Kazmi’s name was first recommended in October 2019, Bharti’s was recommended in March. Khajuria Kazmi is a Senior Counsel who served as Additional General Counsel during the governor’s reign in 2016 and continued to serve in the PDP-BJP government led by Mehbooba Mufti at J&K, prior to her termination.

The names of Khajuria Kazmi and Bharti were among 12 reiterated by the Supreme Court College, headed by Chief Justice of India NV Ramana, on September 1.

For the High Court of Allahabad, the Collegium reiterated its recommendation to appoint three judicial officers Om Prakash Tripathi, Umesh Chandra Sharma and Syed Waiz Mian.

For the High Court of Rajasthan, the Collegium reiterated its recommendation for Attorney Farzand Ali, the Additional Advocate General to the state government headed by Congress. On October 11, Ali’s name – first recommended by the Supreme Court College in July 2019 – was cleared by the government.

For the Calcutta High Court, the Collegium reiterated the recommendation for the appointment of lawyers Jaytosh Mazumdar, Amitesh Banerjee, Raja Basu Chowdhury and Lapita Banerji. On October 8, the Collegium reiterated its recommendation to appoint another lawyer, Sakya Sen, to the High Court.

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