SC gives more time for Justice Kureshi's elevation

The Supreme Court on Thursday once again gave further time to the Union government to act on elevation of Justice Akil Kureshi as chief justice of Tripura HC, instead of Madhya Pradesh HC.

A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna posted the matter for consideration on November 13.

Advocate Rajat Nair, appearing for the Centre, submitted that some final signature on proposal was to be made, so the hearing could be deferred to Wednesday.

Senior advocate Arvind Datar, Gujarat High Court Advocates Association, did not object to the plea but sought a direction to fix a definite timeline for the government to act on recommendation made by the Collegium for appointment of judges.

On October 25, the court allowed a plea by the Centre for more time to decide upon the recommendation on a request made by Solicitor General Tushar Mehta.

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 for appointment of Justice Kureshi as the Madhya Pradesh HC chief justice.

In view of 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.