Collegium declines proposals for elevation of advocates as judges of J&K HC, Allahabad HCJanuary 18 2019
As per a resolution dated January 16, the Supreme Court Collegium has not approved the appointment of three names proposed for elevation to the Jammu & Kashmir High Court.
Further, another resolution passed the same day intimates that the Collegium has recalled its earlier proposal to elevate Advocate Amit Negi as a judge of the Allahabad High Court.
The proposal for the elevation of Amit Negi was first made by the High Court Collegium on April 11, 2016. It was then cleared by the Supreme Court Collegium twice, first on August 30, 2016 and again on November 15, 2016.
However, in June 2017, the recommendation was withheld after inputs of an FIR against him came to the Collegium’s notice.
This FIR was, however, quashed by the High Court and no appeal was preferred against it by the State of Uttar Pradesh. Subsequently, the Collegium, on August 1 2018, decided that the proposal for the elevation of Amit Negi “needs to be processed further most expeditiously”.
The file was then sent to the Law Ministry. However, the proposal was referred back by the government to the Chief Justice of India for reconsideration. Thereafter, in December 2018, the Collegium had reiterated once more that Negi ought to elevated to the Allahabad High Court Bench.
However, as per the resolution passed on Wednesday, his name was again referred back to the Chief Justice of India for reconsideration in view of certain material on record, including the observations made by the Department of Justice and other fresh inputs.
After reconsidering the Negi's file, the Collegium has found it appropriate to recall its recommendation to elevate Advocate Negi. The resolution states,
"The file referred to the Chief Justice of India along with fresh inputs has been placed before the Collegium. Having regard to all the relevant factors, and the material placed on record, the Collegium considers it appropriate to recall its recommendation for elevation of Shri Amit Negi, Advocate. The Collegium, therefore resolves to recommend that the above proposal need not be processed any further."
For the Jammu and Kashmir High Court, the three advocates in line for consideration were Wasim Sadiq Nargal, Nazir Ahmad Beig, and Showkat Ahmad Makroo. The names of Nargal and Beig had been initially approved by the Collegium on April 6, 2018. However, their names were thereafter referred back to the Chief Justice of India for reconsideration in light of "observations made in the file."
Upon reconsideration, the Collegium has concluded that the proposed elevation of Advocate Nargal should be deferred for the present. The Department of Justice has been requested to furnish detailed information on the basis of which the proposal for his elevation was referred back for reconsideration by the Collegium.
However, the Collegium has denied to recall its earlier recommendation to elevate Advocate Ahmed Beig as a judge, "having regard to all relevant factors and material placed in the file."
As regards the elevation of Advocate Showkat Ahmad Makroo, the Collegium has remitted his name back to the Chief Justice of Jammu and Kashmir citing similarly phrased reasoning.
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