July 15, 2019

Justice Akil Kureshi Case: SC Directs Copy Of GHCAA Petition To Be Served On The Office Of The Solicitor General

[ By Bobby Anthony ]


The Supreme Court has directed that a copy of the petition filed by the Gujarat High Court Advocates Association (GHCAA) seeking the appointment of Justice Akil Kureshi as Chief Justice of the Madhya Pradesh High Court be served on the office of Solicitor General Tushar Mehta.

The GHCAA had prayed that a direction be issued to the central government to implement the Supreme Court Collegium resolution of May 10, 2019 and appoint Justice Akil Kureshi as Chief Justice of Madhya Pradesh High Court.

The GHCAA pointed out that all the recommendations of the Supreme Court Collegium were carried out and only the recommendation appointing Justice Akil Kureshi as the Chief Justice of the Madhya Pradesh has not been acted upon by the Centre.

It was further stated that inaction on the part of the centre is an attack on the independence of the judiciary and diminishes the primacy of the judiciary in the matters of appointment and transfer of judges to the High Courts and the Supreme Court.

It may be recalled that this is not the first controversial instance relating to the central government’s treatment of Justice Akil Kureshi.

Kureshi , who is the seniormost judge of the Gujarat High Court, was transferred to the Bombay High Court in November 2018.

Confusion had reigned after it was revealed that Justice AS Dave who is less senior to Kureshi would be appointed as Acting Chief Justice of the Gujarat High Court after Justice Subhash Reddy's elevation to the Supreme Court.

At the same time, Justice Kureshi was transferred to the Bombay High Court, even as the Gujarat Bar reacted strongly against this move.

Earlier, GHCAA President Yatin Oza had lashed out at the central government, saying that Justice Kureshi was being singled out for an order passed by him in 2010, which had remanded the current Union Home Minister Amit Shah to police custody.

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