Govt seeks time to act on Justice Kureshi's elevation

Last month, the court granted the Union government time till November 4 on Mehta's request. Photo/Bombay Bar Association

The Centre on Monday sought further time from the Supreme Court to act on a modified recommendation of the Collegium to elevate Justice Akil Kureshi as Chief Justice of Tripura High Court.

Solicitor General Tushar Mehta submitted before a bench of Chief Justice Ranjan Gogoi and Justice Surya Kant that some administrative formalities were to be completed. He sought one week's time for it.

The bench asked why so much time was required.

Senior advocate Arvind Datar, Gujarat High Court Advocates Association, questioned the inordinate delay by the Centre in taking up the final decision.

The court then decided to consider the matter on Thursday.

Last month, the court granted the Union Government time till November 4 on Mehta's request.

Justice Kureshi, as the Gujarat HC judge, had allowed the police remand of Union Home Minister Amit Shah in encounter cases in 2010.

He is currently posted at the Bombay High Court.

The Supreme Court Collegium had on May 10 recommended the appointment of Justice Kureshi as the Madhya Pradesh HC chief justice.

In view of the delay by the Union government in clearing his name, Gujarat High Court Advocates Association filed a writ petition contending that it was in violation of the Memorandum of Procedure.

On objections raised by the government on August 23 and 27 in two communications with some "accompanying materials", the Collegium had on September 5 modified its recommendation and nominated Justice Kureshi for appointment as the chief justice of the Tripura HC.

The court, which kept the matter pending, had on September 23, said that interference into the appointment and transfer of judges does not augur well for the institution of judiciary.

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