Consider Centre’s Negative Perception A Certificate Of Independence: Justice Akil Kureshi

Justice Akil Kureshi, the outgoing Chief Justice of the Rajasthan High Court, expressed surprise at the Supreme Court pruning lists of advocates recommended for appointment to high courts.

“Whatever be the reason for this difference in perception between high courts and the Supreme Court, it must be quickly resolved or else it would be increasingly difficult to convince good advocates to join the bench,” Justice Kureshi said in his farewell address on Saturday.

Over the past 18 years, Justice Kureshi has disposed of more than 47,000 cases, and was part of four different high courts.

He was appointed as a judge of the Gujarat High Court in March 2004. During his stint, Justice Kureshi had in 2010 remanded Amit Shah, the present Union Minister of Home Affairs, to CBI custody in a case pertaining to the death of Sohrabuddin Sheikh. Later, he ruled against the Narendra Modi-led Gujarat government in the Lokayukta appointment case.

In 2018, when he was about to become the acting chief justice of the Gujarat High Court (basis his seniority), he was transferred to the Bombay High Court as a much junior judge. In 2019, the Supreme Court collegium recommended Justice Kureshi as the Chief Justice of the Tripura High Court, modifying its earlier decision of elevating him to the Chief Justice of Madhya Pradesh High Court after the central government expressed certain reservations.

In 2021, he was transferred to Rajasthan High Court. The same year, despite being the second most senior judge in India, Justice Kureshi's name was left out from the nine names recommended by the Supreme Court collegium for appointment as judges to the apex court.

Citing Former Chief Justice of India Ranjan Gogoi's autobiography, Justice Kureshi said the centre had objected to his elevation to the Supreme Court due to the “negative perception” based on his judicial opinions. “What is of greater significance to me is what is the perception of the judiciary, which I have not been officially communicated,” he said in his response.

“So far, there have been 48 CJIs. But when we talk of courage and sacrifice to uphold the rights of the citizens, we remember the one who should have but never did become the Chief Justice of India, Justice HR Khanna, who was the shining dissenting voice in the ADM Jabalpur case,” Justice Kureshi said.

“The very reason for existence of courts is to protect rights of citizens. Far more than any direct affronts, it is the stealthy encroachment on democratic values and rights of the citizens which should worry us.” To combat this, he said the bar and bench must work in tandem. “There cannot be a strong judiciary with a weak bar and so, the bar should take up issues of principles.”

Justice Kureshi said he was leaving the bench with “his pride intact” since he made all judicial decisions basis his legal beliefs and without being swayed by its consequences. “Some believe that I should have made further progress. But it depends on what you consider to be progress.” He said he “wouldn't barter” the love and support received from lawyers and colleagues for anything.