Centre Sends Back File Despite Reiteration; SC Collegium Recalls Lawyer's Name Recommended For Allahabad HC

The Supreme Court Collegium has recalled the proposal to elevate Advocate Amit Negi as an Allahabad High Court judge, after the Central government sent back the proposal despite the Collegium's reiteration.

Advocate Negi was first recommended for elevation by the High Court collegium way back in April, 2016. The proposal was cleared by the Supreme Court collegium in April, 2016 and again, in November, 2016.

The proposal was, however, withheld by the collegium in June, 2017, in light of certain inputs relating to filing of an FIR against him. These inputs were then sent to the Department of Justice.

However, subsequently, it was brought to the notice of the Chief Justice of India that the High Court had quashed the FIR against him, and that the order has attained finality as the State of Uttar Pradesh did not appeal against the same.

Thereafter, the collegium under former CJI Deepak Misra had resolved to revive its earlier recommendation to elevate Advocate Negi to the Bench in August 2018. This recommendation was, however, referred back by the government to the CJI, for reconsideration.

The recommendation was then reiterated in December last year, with the collegium resolving, "We have carefully scrutinized the material placed on record including the reasons recorded in the file seeking reconsideration of the proposal for elevation of Shri Amit Negi. Grounds on which reconsideration of the above proposal has been sought have already been considered by Collegium while recommending the name of Shri Amit Negi on 30th August, 2016.

Since the Collegium does not find any fresh material in the file referred back to it for reconsideration of the above proposal, the Collegium is of the considered opinion that Shri Amit Negi, Advocate deserves to be elevated to the High Court Bench."

However, despite this reiteration, the most recent resolution passed on January 16 stated that the file relating to Advocate Negi was referred back to the CJI once again for reconsideration, "in view of the material on record including the observations made by the Department of Justice in the file, relating to fresh inputs received".

The recommendation was then recalled by the Collegium, which resolved to recommend that the proposal need not be processed any further.