The Gujarat High Court Advocates' Association (GHCAA) through its president Yatin Oza on Wednesday filed a petition before the Supreme Court challenging the union government's lackadaisical approach and unnecessary delay in the appointment of senior-most judge of the Gujarat High Court, Justice Akil Kureshi, as the Chief Justice of Madhya Pradesh High Court. Oza confirmed the development to DNA, but clarified that when the petition will be taken up for hearing is yet not clear.
Notably, the Supreme Court collegium had in March recommended the elevation of Justice Kureshi, who is presently working as a puisne judge in the Bombay High Court on his transfer from Gujarat in November last year. However, the centre, while clearing several other names for judgeship in various high courts, has expressed its reluctance in case of Justice Kureshi. It was more evident when the centre notified the appointment of Justice Ravi Shankar Jha as Acting Chief Justice of Madhya Pradesh High Court on June 7, while ignoring the recommendation of Justice Kureshi by the apex court collegium.
As per the petition filed by GHCAA, it had already made a representation to the union law minister Ravi Shankar Prasad on June 11 regarding the issue. However, the latter had not given any response as a result of which the association had to move the apex court with the petition. The petition also provides that the centre's arbitrary "inaction" with regard to the elevation of Justice Kureshi is evident as all other recommendations of the collegium have been notified, except for Justice Kureshi.
GHCAA has also pointed out that the singling out of Justice Kureshi by the centre amounts to a breach of directions issued by the apex court in the 'Second Judges Case' and is a classic violation of Article 14 (equality before law) and Article 217 (appointment of judges in high courts) of the Constitution. It has been also contended that the recommendation of the collegium to elevate Justice Kureshi has already put to rest any debate about his competency.
