A Kashmiri to be J&K High Court Chief Justice

0 views
Skip to first unread message

Avnish Jolly

unread,
Sep 14, 2010, 1:04:29 PM9/14/10
to SAFE - Social Action Foundation for Equity
A Kashmiri to be J&K High Court Chief Justice
http://igovernment.in/site/kashmiri-be-jk-high-court-chief-justice-38393

It is for the first time that the Apex Court has broken the past
practice of not allowing a son of the soil from heading the state's
High Court
Published on 09/14/2010

New Delhi: In a departure from its more than two decades old practice,
the Supreme Court has recommended the appointment of Justice Nissar
Ahmed Kakru, who hails from Jammu and Kashmir, as the Chief Justice of
the state's High Court.

The Apex Court move comes even as the government has yet to take a
final call on the steps it wants to take as part of the confidence
building measures for the trouble-torn Kashmir.

The decision was taken by the Supreme Court collegium, of five senior
most judges of the Apex Court headed by Chief Justice SH Kapadia,
reports IANS.

At present, Justice Kakru is the Chief Justice of the Andhra Pradesh
High Court.

The insiders in the legal fraternity say this departure could not be
seen in isolation.

They say the collegium's move is an implicit part of the overall
initiative, including relaxing of the Armed Forces (Special Powers)
Act that Prime Minister Manmohan Singh is planning to take after an
all-party meeting Wednesday on handling of the volatile Kashmir
situation.

The timing of the development adds credence to the belief that the
collegium's move was a part of the larger initiative of the Prime
Minister.

The collegium meeting was convened on Thursday where the decision was
taken to break with the past practice of not allowing a son of the
soil from heading the state's High Court.

This meeting, which many say was an emergency meeting, decided that
Justice Kakru would be the Chief Justice of the J&K High Court.
Consequently the present incumbent, Justice Aftab Hussain Saikia,
would be shifted as the Chief Justice of the Gauhati High Court.

Justice Saikia belongs to Assam. But his going to the Gauhati High
Court was more a consequence to accommodate Justice Kakru as head of
the J&K High Court.

Soon after the decision on Justice Kakru was taken, the file
recommending his transfer was sent to the Union Law and Justice
Ministry for implementation and orders by the President.

Justice Kakru was appointed the Chief Justice of the Andhra Pradesh
High Court only in February this year.
Reply all
Reply to author
Forward
0 new messages