A month after President A P J Abdul Kalam sent back the file for confirmation of Justice S L Bhayana as a permanent judge of the Delhi High Court with query, the Supreme Court today cleared the query and is learnt to have sent the file back for the President’s approval.

The elevation of Justice Bhayana to the high court has been in news ever since he gave the judgment in the sensational Jessica Lall murder case in February last year. Shortly after the verdict in which all nine accused, including prime accused Manu Sharma, were acquitted for lack of evidence, Justice Bhayana was appointed as an Additional Judge of the high court on February 28, 2006.

Subsequently, the recommendation by the Supreme Court Collegium for the confirmation of Justice Bhayana as a permanent judge, which was approved by the Central Government, came back to the apex court after a query made by the President, reportedly in the wake of certain remarks against the judge for his controversial judgment.

Following close on the heels of another controversial judicial appointment in case of Justice Jagdish Bhalla of the Allahabd High Court, President Kalam in February this year had returned the file to the Prime Minister’s Office for reconsideration.

In case of Justice Bhalla too, Kalam had sent the file pertaining to his appointment as the Chief Justice of the Kerala High Court following media reports alleging that his wife had purchased a plot in Noida at a throwaway price from land mafia in 2005. Since the initial appointment as an additional judge of a HC is made on probation for two years, a panel of the court’s three senior-most judges, including the Chief Justice, could make recommendation for his confirmation.

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