Modified recommendation on Justice Kureshi's appoinment

In a major development, the Supreme Court Collegium has modified its recommendation on the appointment of Justice Akil A Kureshi as Madhya Pradesh High Court Chief Justice, on objections raised by the Union government.

In a fresh notification, the Collegium headed by CJI Ranjan Gogoi and comprising Justices S A Bobde and N V Ramana has recommended his name for appointment as Tripura HC Chief Justice.

This development comes within days of the resignation by the Madras HC CJ V K Tahilramani after her transfer to the Meghalaya HC as Chief Justice.

Facing flak for its decision, the Collegium had on September 12 issued a statement that transfer of judges or chief justice of high courts were made in “the interest of better administration of justice” and after “full and complete deliberations and due to cogent reasons”.

“The Collegium will have no hesitation in disclosing,” the reasons if necessary, it had then said.

In the case of Justice Kureshi, the senior most judge from the Gujarat HC, was earlier on May 10 recommended to be appointed as MP HC CJ. He is currently serving as a judge in the Bombay HC.

However, the government raised its objections on August 23, and 27, in two communications and sent some materials to the Collegium.

On reconsideration, "the Collegium resolves to reiterate its earlier recommendation dated 10th May 2019 with the modification that Justice Kureshi be appointed as Chief Justice of the Tripura High Court," the fresh resolution stated.

Due to delay in clearing the name of Justice Kureshi, the Gujarat High Court Advocates Association had earlier filed a writ petition, alleging the reluctance 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.