SC Keeps GHCAA Plea Pending Until Central Government Notifies Justice Akil Kureshi’s Appointment As Chief Justice

The Supreme Court has passed an order to keep the Gujarat High Court Advocates’ Association (GHCAA) petition, which had challenged the central government’s reluctance to appoint Justice Akil Kureshi as Chief Justice of the Madhya Pradesh High Court, pending.

The order was passed after Senior Advocate Arvind Datar who appeared for the GHCAA requested that the GHCAA petition be kept pending until the central government issues a notification appointing Justice Akil Kureshi as Chief Justice of the Tripura High Court.

In its order, the Supreme Court also noted that there has been a modification made by the Collegium recommending Justice Kureshi to take over as Chief Justice of the Tripura High Court instead of elevating him as Chief Minister of the Madhya Pradesh High Court, as recommended earlier.

It may be recalled that it was in May this year that the Supreme Court Collegium had recommended that Justice Kureshi be appointed as Chief Justice of the Madhya Pradesh High Court.

However, on September 20, the Supreme Court published a resolution of the Collegium dated September 5, recommending Justice Kureshi to be made Chief Justice of the Tripura High Court.

Effectively, this was a modification of the Collegium’s earlier recommendation made on May 10 to elevate Justice Kureshi as Chief Justice of the Madhya Pradesh High Court.

Noting such a modification, the GHCAA filed a petition in the Supreme Court seeking directions to the central government to notify the original May 10 proposal to elevate Justice Kureshi as Chief Justice of the Madhya Pradesh High Court, without delay.

Earlier, the GHCAA had passed a unanimous resolution to support the elevation of Justice Kureshi, stating that the central government had been selectively blocking his appointment.

Moreover, all other recommendations made by the Collegium on May 10 and even the ones made later, had been promptly notified by the central government, the GHCAA had pointed out.

Incidentally, Justice Kureshi happens to be a senior judge of the Gujarat High Court, who was transferred to Bombay High Court in October 2018, amidst protests by the GHCAA.