Less than 12 hours after appointing Justice Anant Dave Acting Chief Justice of the Gujarat High Court late on Thursday evening, the Law and Justice Ministry appointed Justice Akil Kureshi in his place, cancelling on Friday morning its previous notification.
An Acting Chief Justice is being appointed as Chief Justice Subhash Reddy has been elevated to the Supreme Court.
Quick volte face
Curiously, with Justice Reddy’s elevation, the Supreme Court Collegium recommended transfer of Justice Kureshi to the Bombay High Court. However, the Ministry is yet to implement the transfer.
Justice Kureshi is the senior-most judge in the Gujarat High Court after the Chief Justice and hence was a natural choice as Acting Chief Justice.
However, on Thursday, the Ministry issued a notification appointing Justice Dave instead.
Meanwhile, on Friday, another notification was issued stating that in place of the notification issued on November 1, the President is pleased to appoint Justice Akil Abdulhamid Kureshi, senior-most judge of the Gujarat High Court, to perform duties of the office of the Chief Justice.
Lawyers protest transfer
The collegium’s recommendation to transfer Justice Kureshi sparked off protests by lawyers.
The Bar Association even decided to challenge it with a writ petition.
At a meeting on Thursday, the Gujarat HC Bar Association unanimously passed a resolution opposing the transfer, and held that there was no reason to justify the transfer of Justice Kureshi “for better administration of justice”, as stated by the collegium in its recommendation.
Bar to file writ
The Bar Association has also decided to challenge the transfer of Justice Kureshi by filing a writ petition and the Bar decided to go on a strike from Friday in protest.
“The transfer of Justice Kureshi has no connection with better administration of justice as has been stated and therefore, is not justified,” Bar Association president and senior lawyer Yatin Oza said.
“The Bar, in its meeting held on November 1, has deliberated upon the possible justification for such a transfer and fails to discern any good reason for the same and believes that such transfer is unjustified and certainly has no connection with better administration of justice,” stated in a resolution passed by the association unanimously condemning the transfer.
The Bar Association has also recognised the integrity, honesty, legal acumen and excellent court conduct and decorum of Justice Kureshi ever since his appointment in 2005.
