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| My Lord, why isn’t there any Muslim, Sikh Judge from Jammu? | | Regional balance: Communities debate classic case of wheels within wheels | |
ZAFAR CHOUDHARY
Jammu, Oct 5: Close to the heels of Jammu celebrating its apparently ‘first major victory’ in the ‘battle of regional balance’ by getting the State government to push and Central government to agree on two Central Universities, there is debate going on in the region –is the discrimination story of Jammu a case of wheels within the wheels?.
The trigger of the debate is the question of regional balance and justice while the immediate backdrop is the ongoing process to fill up three vacancies of Judges at the Jammu and Kashmir High Court. And the most desperate question is: why there has never been a Muslim or Sikh Judge to the High Court from Jammu province?
“Jammu region has produced eminent legal luminaries drawn from its different sub-regions and communities but none of the Muslims or Sikhs could ever rise to the position of HC Judge. “This is a genuine outcry and we feel low about it. But the double jeopardy is that when we talk about this we are branded as communal”, says a young Muslim lawyer, preferring not named, who clarifies that he has no such ambitions to become a Judge. “Let’s have a debate on the caliber and acumen of the people who were once considered”, he argues.
Integrity and professional acumen, of course, remain the basic requisite for rising to the high job a Judge but there has still been fair balance of representation to different communities at the J&K High Court. However, when it comes to Muslims, all of them have been from Kashmir and this question is now being asked in Jammu. The question assumes more significance particularly in view of Jammu’s recent rising up trends to ask for the regional balance whenever fulcrum is seen tilted in favour of Kashmir. “Who should Jammu Muslims look up to…when it comes to giving representation to Muslims the quota is filled up from Kashmir”, says another lawyer.
At least at three occasions on the recent past, names of eminent Muslims lawyers were considered for their elevation to the High Court. “Each time strange and ridiculous issues were raised to shelve the proposals”, says Sheikh Shakil Ahmed, an eminent Muslim lawyer in Jammu. He adds, “I strongly oppose picking up anyone for giving representation to a community or region but when we had proven talents at many occasions and still we have, then why not a Muslim Judge from Jammu”.
Says Shakeel, “there is a genuine grievance among Muslims and Sikhs. One may note every time there is a major function at the chief Gurudwara or important meeting of the Prabandak Committee, concerns are expressed and demands are raised for a Judge from the community”. Shakeel, who has played key role in bridging the communal divides in Jammu, suggests that Government of India should look into it that there is no cause of nursing sentiments of hurt and pain in any community. “It is not a question of sentiments alone, we are immensely pained when merit is overlooked”, he adds.
Contemporaries say that in the recent past at least three leading Muslim lawyers were considered but their cases were sabotaged at decision making stage in the Center. GN Goni, Shabir Ahmed Salaria and Mohammad Aslam Goni, despite being best legal brains and professional of proven integrity, could never become Judges because anonymous and some vouched letters were shot off to the Center to eventually pull them down the ladder, says sources.
Goni’s case was recommended along with that of Pramod Kohli, who eventually became a Judge and is now atPunjab and Haryana High Court. While the J&K Chief Justice and his Collegiums had recommended both names in the same file but simultaneously letters, from unidentified quarters, reached Delhi casting aspersions on Goni’s integrity on frivolous premises, like he contested cases for militants. Goni could not be reached for his comments but his colleagues put his integrity as impeccable and acumen exceptional.
Goni senior, Goni junior and Salaria are these days elements of hot debate among the Muslim lawyers in Jammu who say that when persons these calibers could not make it then it may well be impossible for any Muslim lawyer from Jammu to become the High Court Judge.
The process of selecting High Court Judges begins at the sole discretion of the Chief Justice and his Collegiums who make a recommendation to the Union Ministry of Law and Justice. The letters of appointment are finally issued by the President of India. It has been observed in the past that the recommendations once made by the Chief Justice have been influenced by way of complaints or allegations at various stages ahead.
At present there are three vacancies at the Jammu and Kashmir High Court –one from Bar and two from the Bench.
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