The Union government on Friday informed the Supreme Court that it will take a call on the Collegium recommendation to appoint Bombay High Court judge Justice Akil Kureshi as the Chief Justice of Madhya Pradesh High Court once the Parliament session is over.
A Bench led by Chief Justice of India Ranjan Gogoi told Solicitor General Tushar Mehta in Friday to place the government's decision, whatever it may be, on Justice Kureshi before the Supreme Court. It scheduled the hearing, which is based on a petition filed by the Gujarat High Court Advocates Association, for hearing on August 14.
In the previous hearing, senior advocate Fali Nariman had highlighted the unexplained delay from the government in taking a call on Justice Kureshi. He had said the government should act as a “distinguished communicator” and cannot resort to what seems “deliberate inaction” in a recommendation made by the Collegium as way back as May 10. The Centre should clarify whether it has sought any feedback from the Madhya Pradesh government.
The association alleged that Justice Kureshi's elevation was singled out for uncertainty while those of other judges, who were recommended along with him, have sailed through.
“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. The “recommendation is rendered moot by the arbitrary inaction by the respondent in withholding the appointment of Mr Justice Akil Kureshi.”
The association had submitted that the delay in the appointment was violative of Articles 14 and 217 of the Constitution and is subversive of the rule of law. It said the apex court should issue directions to the government to decide on appointments of High Court chief justices within a period of six weeks from the Collegium's date of recommendation.
