Justice Sanjay Kumar Agrawal appointed Rajasthan HC Chief Justice amid row over Acting CJ

The Centre has notified the appointment of Justice Sanjay Kumar Agrawal as Chief Justice of the Rajasthan High Court, days after the Supreme Court Collegium recommended his elevation amid a controversy surrounding the court’s Acting Chief Justice Sanjeev Prakash Sharma.

Justice Agrawal, who is currently the Acting Chief Justice of the Chhattisgarh High Court, was recommended for the Rajasthan post by the Supreme Court Collegium on August 31. The Collegium had also recommended his transfer from the Chhattisgarh High Court to the Rajasthan High Court.

The appointment was among eight Chief Justice appointments notified by the Centre on Saturday. Justice V Kameswar Rao has been appointed Chief Justice of the Patna High Court, Justice Ravindra V Ghuge of the Calcutta High Court, Justice Mahesh Chandra Tripathi of the Bombay High Court, Justice Ashwani Kumar Mishra of the Punjab and Haryana High Court, Justice Krushna Ram Mohapatra of the Chhattisgarh High Court, Justice Alpesh Yeshvant Kogje of the Madhya Pradesh High Court and Justice Pushpendra Singh Bhati of the Jammu and Kashmir and Ladakh High Court.

Appointment amid controversy

Justice Agrawal’s appointment assumes significance against the backdrop of a controversy involving Justice Sharma, who has been functioning as Acting Chief Justice of the Rajasthan High Court.

Supreme Court judge Justice Sandeep Mehta had written to Chief Justice of India Surya Kant raising allegations concerning Justice Sharma’s exercise of administrative powers and the listing of cases. Justice Mehta had also sought Justice Sharma’s transfer out of Rajasthan and the appointment of a regular Chief Justice from another High Court.

The developments had triggered protests by lawyers at both the Jaipur and Jodhpur benches of the Rajasthan High Court, with lawyers demanding that Justice Sharma be divested of his responsibilities as Acting Chief Justice. Justice Sharma, who is due to retire later this month, has denied the allegations against him.

Justice Agrawal’s appointment will give the Rajasthan High Court a regular Chief Justice after nearly a year.

Elevated in 2013

Justice Agrawal was elevated as an Additional Judge of the Chhattisgarh High Court in September 2013 and became a permanent judge in March 2016.

Following the retirement of Chhattisgarh High Court Chief Justice Ramesh Sinha on September 4, the Centre appointed Justice Agrawal to perform the duties of the Chief Justice of that High Court. A day later, the Centre cleared his appointment as Chief Justice of the Rajasthan High Court.

The appointment follows the constitutional process under which High Court Chief Justices are appointed by the President after consultation with the Chief Justice of India.