In a first for Jammu and Kashmir and 6 years of BJP government, a Kashmiri Muslim has been elevated from the Bar to the Bench. Senior lawyer Javed Iqbal Wani, 56, who was appointed by the President of India is the son-in-law of a jailed separatist ideologue, Mian Qayoom. Mian Qayoom is not only the President of the High Court Bar Association but also a vocal separatist. He has been in preventive detention since August 5 last year when Jammu and Kashmir’s special status was scrapped by the Central government. Five special rapporteurs of the United Nations termed Qayoom’s continued incarceration a reprisal for his opinions.
Wani’s name was recommended for the Bench last year and was appointed as senior additional advocate-general for the state in February 2019. He was reportedly also being considered for the post of Assistant Solicitor General but the same never fructified.
The J&K High Court collegium headed by Chief Justice Gita Mittal had proposed Wani’s name in March last year along with three others — Rajnesh Oswal, Rahul Bharti and Moksha Kazmi-Khauria. Back then, the Centre had objected to Wani’s appointment after an Intelligence report pointed out that Qayoom had provided legal assistance to separatists, and was also close to top Kashmiri separatist leader Syed Ali Shah Geelani. Despite of such high level separatist connections, Wani has managed to secure a place in the Bench. The reason may have been Wani representing the state against his father-in-law when the Kashmir Bar Association had approached the high court for a meeting with Qayoom after his detention in August. Wani is known to have categorically denied that he shares or follows his father-in-law’s political agenda and ideology.
The notification issued by the Ministry of Law and Justice reads, “In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Javed Iqbal Wani, to be the Judge of Common High Court for the Union territory of Jammu and Kashmir and Union territory of Ladakh with effect from the date he assumes charge of his office”.
A lawyer in the valley told The Telegraph that it was probably the first time that such a close relative of a separatist was elevated to the Bench, “Forget elevation, you have lawyers who were not issued passports for being relatives of separatists,” he said.
Wani has been a part of several high-profile cases, the most significant being the 2000 Pathribal case in which he defended the Indian armed forces. In this case, the CBI had indicted the army for killing civilians claiming them to be militants. The case is now before the Supreme Court.
The last Kashmiri Muslim to be elevated to the high court was Justice Ali Mohammad Magrey, who became a judge in 2013.
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