New Delhi: The Supreme Court collegium’s decision to modify its recommendation and appoint Justice Akil Kureshi, previously of the Gujarat High Court and presently a Bombay High Court judge, as the Chief Justice of Tripura High Court, is “punishment,” “unfortunate”, “a great injustice” and “succumbing to the government”, according to the legal fraternity.
It was “a punishment” not appointing Justice Kureshi as the Chief Justice of the Madhya Pradesh High Court as per the recommendation of May 10, 2019, said Vikas Singh, former president of the SC bar association. The government did not act on the recommendation.
The Gujarat High Court advocates’ association moved the Supreme Court after the government did not act on the collegium’s recommendation. In the wake of this petition, the Centre wrote two letters last month to the collegium.
The collegium decided on September 5 that on “reconsideration and taking into account” the communication from the government along with accompanying material, decided to “reiterate” its May 10, 2019, recommendation but with a “modification” that instead of Madhya Pradesh Justice Kureshi would be sent to Tripura.
“A great injustice has been done to a good judge and the collegium’s failure will be remembered,” senior counsel Dushyant Dave said. He has been a foremost voice against the government’s interference in judicial appointments.
Describing the decision as “unfortunate”, lawyer Prashant Bhushan, who has always insisted on transparency in judicial appointments said: “It is unfortunate that the collegium has bowed to government prejudice against Justice Kureshi due to the fact that he had sent Amit Shah - now Union Home Minister - to jail.”
There is no good reason, Bhushan said, why the collegium should not have reiterated its recommendation for Madhya Pradesh.
