CM gives approval, file sent to Raj Bhawan for Governor’s nod

Excelsior Correspondent
JAMMU, Jan 20: The State judiciary is all set to have some more Judges as Chief Minister, Omar Abdullah has cleared the appointment of newly selected seven District and Sessions Judges and the file has now been forwarded to the Raj Bhawan for the nod of Governor N N Vohra, who is likely to take decision shortly.
Authoritative sources in the Civil Secretariat told EXCELSIOR that keeping in view the Supreme Court’s directions issued on December 14, 2012, the Law Department tabled the file pertaining to the appointment of newly selected seven District and Sessions Judges before the Chief Secretary, Madhav Lal and explained the legal position.
Though the State High Court had already given the nod to the appointment of seven out of nine selected District and Sessions Judges, the Chief Secretary preferred to obtain High Court’s fresh recommendation in view of the fact that two names from the selection list had to be dropped on different grounds.
Accordingly, the High Court was approached for fresh recommendation. But the High Court made it clear to the State Government that no fresh recommendation was required at all and unnecessary communications must be avoided in order to expedite the process for appointment of newly selected seven District and Sessions Judges, sources informed.
“Thereafter the file was placed before the Chief Minister, Omar Abdullah, who three days back, gave his approval”, sources said, adding “now the file has been forwarded to Raj Bhawan for the nod of Governor, N N Vohra. As the Governor is seized of all the developments having taken place on the subject, he is likely to take decision very shortly”.
In response to a question, sources said, “soon after the nod of the Governor, the Law Department will issue appointment orders of seven District and Sessions Judges, which will help the High Court in filling up at least seven vacant posts”.
It is pertinent to mention here that on January 13, 2013, EXCELSIOR had exclusively carried a new-item mentioning that despite Supreme Court order, the State Government has failed to appoint newly selected Sessions Judges and if the appointment process is expedited some vacant posts of Judges can be easily filled up.
The Courts, which don’t have Judges, include that of Additional District and Sessions Judge Kathua, Additional District and Sessions Judge Rajouri, One Man Forest Authority, Additional District and Sessions Judges Bank Cases, Jammu and Srinagar and 4th Additional District Judge, Srinagar and Baramulla. Even the post of Registrar Rules and two posts of Leave Reserve Judges are lying vacant.
In the writ petition titled Zubair Ahmad Mir and Others Versus State of Jammu and Kashmir and Others, Supreme Court bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai had on December 14, 2012 issued order mentioning that it would be open to the State and High Court of Jammu and Kashmir to appoint seven candidates selected for the posts of District and Sessions Judge (direct quota) on the basis of the selection test but their appointment shall abide by the final result of the writ petition.
From the very beginning, the selection list of District and Sessions Judges remained under cloud because of various reasons. On one side controversy surrounded the selection list after one of the selected candidates was found given excess marks while as another turned to be an associate of Pakistan trained militant. On the other side, several candidates, who could not make it to selection list, challenged the same in the Supreme Court on various grounds.