Gujarat HC Advocates’ Body To File Writ Petition In Supreme Court Against Delay In Appointing Justice Kureshi As MP HC CJ

Update: 2019-07-01 05:41 GMT

[ By Bobby Anthony ]The Gujarat High Court Advocates’ Association (GHCAA) plans to file a writ petition under Article 32 of the Constitution of India, in the Supreme Court, against the Centre sitting over the SC collegium's proposal to make Justice Akil Kureshi, the Chief Justice of the Madhya Pradesh High Court.The move came after Senior Advocate and GHCAA President Yatin Oza informed...

[ By Bobby Anthony ]

The Gujarat High Court Advocates’ Association (GHCAA) plans to file a writ petition under Article 32 of the Constitution of India, in the Supreme Court, against the Centre sitting over the SC collegium's proposal to make Justice Akil Kureshi, the Chief Justice of the Madhya Pradesh High Court.

The move came after Senior Advocate and GHCAA President Yatin Oza informed member adocates that Union Law Minister Ravi Shankar Prasad has refused to meet a delegation of Gujarat lawyers to discuss the issue.

It may be recalled that on June 10, the GHCAA had passed a resolution to meet the Union Law Minister to discuss the issue.

Incidentally, on May 10, the Supreme Court collegium had made the proposal to appoint Justice Kureshi as the Chief Justice of the Madhya Pradesh High Court, in order to fill up the vacancy created by the retirement of former Madhya Pradesh Chief Justice S K Seth.

However, Justice Kureshi’s file was kept pending by the centre, which chose to clear another proposal made on the same day (May 10), namely the appointment of Justice D N Patel as Chief Justice of the Delhi High Court.

Later, on June 7, the centre appointed Justice Ravi Shanker Jha as the Acting Chief Justice of the Madhya Pradesh High Court.

Soon after this development, the GHCAA had expressed its shock and stated in its June 10 resolution that that the “purposeful holding back clearance of the file of Hon'ble Justice Kureshi is unconstitutional and lacks in bona fide”.

Earlier, Justice Kureshi, a senior judge of the Gujarat High Court, was transferred to Bombay High Court last October, after which the GHCAA had moved a resolution protesting Justice Kureshi's transfer to as motivated by “extraneous considerations”.

Senior Advocate and GHCAA President Yatin Oza, had even announced the bar’s decision to resort to indefinite strike over the transfer of Justice Kureshi to the Bombay High Court.

The decision was withdrawn only after Chief Justice of India Ranjan Gogoi met GHCAA representatives.

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