Law Deptt proposes 2 more former judges

Appointing Chairman Advisory Board


Srinagar, Dec 23: The State Law Department has submitted a panel of two more former judges to the State Home Department for the coveted post of the chairman of the Advisory Board mandated to review the cases of detention under the controversial Public Safety Act.
Highly placed sources told Greater Kashmir that the Law Department has proposed inclusion of  Justice Bilal Nazki (retd.) Chief Justice of Orrisa High Court and Justice  RC Gandhi, former  judge of Rajasthan High Court in the panel, thus putting the overall number of shortlisted candidates for the post at six.
An official in the Home Department, wishing anonymity, said the inclusion of two more High Court Judges has come in backdrop of a query by the Department’s.
“We had asked the Law Department whether there was any legal hindrance in appointing former High Court judges, who have headed Commissions or are presently holding such charges, to the post of Chairman Advisory Board,” he said, adding that their contention has been cleared by the Law Department.
“They have conveyed to us that there is no legal infirmity in appointing the judges who have already held the post-retirement assignments or are presently discharging such responsibilities,” the Home Department official said.
Though the appointment of new chairman of Advisory Board constituted to review PSA cases was due on December 1 after the term of Justice (retired) M L Koul, a former retired judge of Punjab and Haryana High Court, ended, it has been delayed in the wake of the query by the Home Department.
Pertinently, the detention orders issued under the provisions of the PSA are required to be referred to the Advisory Board and it can recommend either their confirmation or revocation.  The appointment of new head of the Board has become legally imperative as the amendments made in the Act earlier this year restrict the term of chairman and members of the Board to a maximum of five years.

Lastupdate on : Sun, 23 Dec 2012 21:30:00 Makkah time
Lastupdate on : Sun, 23 Dec 2012 18:30:00 GMT
Lastupdate on : Mon, 24 Dec 2012 00:00:00 IST

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