The Union government is learnt to have returned the file related to the elevation of Justice Akil A Kureshi, a judge of Bombay High Court, as the Chief Justice of Madhya Pradesh High Court.
The top court, meanwhile, deferred its hearing on a plea questioning the delay by the Centre in clearing the name of Justice Kureshi, recommended by the Chief Justice of India-headed Collegium on May 10.
Sources said that the government has returned the recommendation. They, however, did not specify the reasons.
Hearing a petition filed by the Gujarat High Court Advocates Association, a bench of Chief Justice Ranjan Gogoi and Justices S A Bobde and S Abdul Nazeer said communication has been received on Tuesday evening from the Department of Justice in this regard.
This missive would be placed before the Collegium for necessary action and the matter would come up consideration afterwards, the bench said.
The association had contended that the reluctance of the Centre to appoint Justice Kureshi as Chief Justice of Madhya Pradesh was against the procedure laid down in the Memorandum of Procedure (MoP) and amounted to a violation of Articles 14 and 217 of the Constitution.
GHCAA President Yatin Oza had earlier claimed that Justice Kureshi was being singled out for an order passed by him in 2010, remanding current Union Home Minister Amit Shah to police custody in encounter cases.
The court had earlier asked Solicitor General Tushar Mehta to assist in the matter. He had submitted before the court that the government's decision would be informed to the Chief Justice of India on the administrative side.
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