SC to hear plea on elevation of Justice Kureshi

The Supreme Court is to take up on Monday a matter related to delay on the elevation of Justice Akil A Kureshi, days after the Collegium itself acceded to the government's objections and recommended him for the appointment of Tripura HC chief justice, instead of the Madhya Pradesh HC.

A bench of Chief Justice Ranjan Gogoi and Justices S A Bobde and S Abdul Nazeer would hear the writ petition filed by the Gujarat High Court Advocates Association, which had questioned delay on the part of Union government in clearing the file related to Justice Kureshi.

The top court had earlier said that the petition would come up for hearing, soon after the Collegium's decision on the objections raised by the Union government was made public.

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

Currently, a Bombay HC judge, Justice Kureshi was on May 10 recommended to be appointed as MP HC CJ.

However, the government raised its objections on August 23, and 27, in two communications and sent some accompanying materials to the Collegium, which earlier this month, modified its recommendation and nominated him for appointment as the Tripura HC chief justice.

Notably, Madras HC CJ V K Tahilramani had resigned after her transfer to the Meghalaya HC as Chief Justice.

Facing flak for its decision, the Collegium had then 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.