Source: hindustantimes.com<\/p>\n\n\n\n
A day after the government appointed justice R S Jha as acting chief\n justice of Madhya Pradesh high court overlooking the Supreme Court \nCollegium\u2019s recommendation to appoint justice A A Kureshi as chief \njustice of the high court, the law ministry defended its decision saying\n \u201cthere is nothing unusual about the appointment\u201d.<\/p>\n\n\n\n
A senior law \nministry official clarified on condition of anonymity that the \nCollegium\u2019s recommendation on justice Kureshi was still under \nconsideration by the government. The appointment of an acting chief \njustice in no way meant that the recommendation has not been accepted, \nhe added.<\/p>\n\n\n\n
The Collegium had made the recommendation on May 10, foreseeing a vacancy in the high court on June 9.<\/p>\n\n\n\n
In\n its resolution, the Collegium, which comprises Chief Justice of India \nRanjan Gogoi, justice S A Bobde and justice N V Ramana \u2014 the three \nsenior-most judges of the Supreme Court \u2014 said, \u201cJustice A.A. Kureshi is\n the senior-most Judge from Gujarat High Court and at present is \nfunctioning, on transfer, in Bombay High Court. Having regard to all \nrelevant factors, the Collegium is of the considered view that Mr. \nJustice AA Kureshi is suitable in all respects for being appointed as \nChief Justice of the Madhya Pradesh High Court. The Collegium resolves \nto recommend accordingly.\u201d<\/p>\n\n\n\n
This\n is the second time in the recent past that, despite having a Collegium \nrecommendation, the government has appointed an acting chief justice in a\n high court.<\/p>\n\n\n\n
Last month, the government appointed justice Dharam \nChand Chaudhary, senior-most judge of the Himachal Pradesh high court, \nto perform the duties of the office of HC chief justice. <\/p>\n\n\n\n
The office fell vacant after justice Surya Kant (incumbent chief justice) was elevated to the Supreme Court on May 22.<\/p>\n\n\n\n
In\n this case too, the Collegium had on May 10 recommended the appointment \nof justice V Ramasubramanian as chief justice of the Himachal Pradesh \nhigh court.<\/p>\n\n\n\n
In its recommendation, the Collegium had said: \n\u201cJustice V. Ramasubramanian is the senior-most Judge from Madras High \nCourt and at present is functioning, on transfer, in Telangana High \nCourt. Having regard to all relevant factors, the Collegium is of the \nconsidered view that Mr. Justice V. Ramasubramanian is suitable in all \nrespects for being appointed as chief justice of the Himachal Pradesh \nHigh Court. The Collegium resolves to recommend accordingly.\u201d<\/p>\n\n\n\n
The \nonly appointment that the government has cleared after the May 10 \nCollegium recommendations is that of justice D N Patel, as the chief \njustice of Delhi high court. Justice Patel took oath on June 8. <\/p>\n\n\n\n
Legal\n experts are critical of the government\u2019s move to appoint acting chief \njustices despite Collegium recommendations. Senior advocate Sanjay Hedge\n said the Collegium would have to assert itself in matters of \nappointment.<\/p>\n\n\n\n
\u201cIt is now for the Collegium to assert the \nindependence of the judiciary by having its recommendation accepted or \nto simply dissolve itself and make no more recommendations. If they are \nto carry any sanctity, Collegium recommendations are not pieces of paper\n to be simply disregarded. They reflect the judicial will on its \nadministrative side, and to make them subservient to administrative \napproval, is to give up on the independence of the judiciary,\u201d Hegde \nsaid.<\/p>\n