The Gujarat High Court Advocates Association on Wednesday moved the Supreme Court against the “deliberate inaction” of the Centre in deciding on a May 10 recommendation of the Supreme Court Collegium to appoint Bombay High Court judge, Justice Akil Kureshi, as the Chief Justice of Madhya Pradesh High Court.
“The deliberate inaction of the respondent [Centre] in not appointing Mr. Justice Akil Kureshi as the Chief Justice of the Madhya Pradesh High Court impinges and diminishes the primacy of the judiciary in the matters of appointment and transfer of judges to High Court and Supreme Court,” the petition filed by the association through its president and senior advocate Yatin Oza submitted.
It said the May 10 recommendation was made by the Collegium in accordance with the law laid down in the Second Judges Case and Memorandum of Procedure for judicial appointments and transfers. It said the “recommendation is rendered moot by the arbitrary inaction by the respondent in withholding the appointment of Mr Justice Akil Kureshi”.
The association said 18 other additional judges of different High Courts had been appointed since May 10, but the government had kept its decision on Justice Kureshi pending inexplicably.
The government in June had also appointed Justice Ravi Shanker Jha as the Acting Chief Justice of the Madhya Pradesh High Court even as it gave no word on Justice Kureshi.
“Withholding of advice by the respondent to the President only with respect to recommendation of Hon’ble Mr. Justice Akil Kureshi for appointment as Chief Justice of Madhya Pradesh High Court, amounts to direct participation of Executive in the appointment of Chief Justice that is not countenanced at law,” the petition said.
The association described Justice Kureshi as a judge who commands “tremendous admiration and respect”.
His non-appointment is violative of Articles 14 and 217 of the Constitution of India and is subversive of the rule of law, the association submitted.
The association said the apex court should issue directions to the government to decide on appointments of High Court Chief Justices within six weeks from the Collegium's date of recommendation.
