The Supreme Court today heard a petition to implement the collegium's recommendation to appoint Justice Akil Kureshi of the Bombay High Court as the chief justice of Madhya Pradesh High Court.
Senior Advocate Arvind Datar, appearing for Gujarat High Court lawyers' association, argued that of all the names sent along with Justice Kureshi's for appointment as chief justices of various high courts, only his case was kept pending by the central hovernment. He called it an “arbitrary inaction” that “impinges and diminishes the primacy of the judiciary in the matters of appointment and transfer of judges to high courts and the Supreme Court”.
The Supreme Court Collegium had recommended Justice Kureshi's appointment in March this year.
The petition, filed through Advocate Purvish Malkhani, said that Justice Kureshi has been singled out for inaction which “amounts to breach of directions” issued by the top court in the second judges case and “is a classic case of violation of Articles 14 & 217 of the Constitution of India”.
The second judges case laid down the rules regarding the appointment of judges in the higher judiciary and introduced the collegium system.
Justice Ravi Shankar Jha is serving as the acting Chief Justice of the Madhya Pradesh High Court since June 10.
The lawyers' association asked the Chief Justice of India-headed bench to pass orders to implement the collegium's recommendation. The association said it approached the top court since attempts to meet the Law Minister on the issue didn't materialise.
The top court asked the Solicitor General of India to respond to the petition by the next date of hearing on July 22.
Justice Kureshi was appointed as a judge of the Gujarat High Court in March 2004 and was made a permanent judge in September 2005. He was named the acting chief justice of the Gujarat High Court in 2018 and, in less than 15 days, transferred as a judge to the Bombay High Court.
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