Source:thehindu.com<\/p>\n\n\n\n
The Supreme Court <\/strong>on Monday asked Solicitor General Tushar Mehta to be served a copy of the petition filed by the Gujarat High Court Advocates Association against the \u201cdeliberate inaction\u201d of the Central government in deciding on a May 10 recommendation of the Supreme Court Collegium to appoint Bombay High Court judge Justice Akil Kureshi as the Chief Justice of Madhya Pradesh High Court.<\/p>\n\n\n\n A Bench led by Chief Justice of India Ranjan Gogoi called for an early hearing and posted the case for hearing on July 22.<\/p>\n\n\n\n The\n association was represented by senior advocate Arvind Datar, who said \nJustice Kureshi\u2019s elevation had been singled out for uncertainty while \nthose of other judges, who were recommended along with him, had sailed \nthrough.<\/p>\n\n\n\n \u201cThe deliberate inaction of the respondent [Centre] in \nnot appointing Mr. Justice Akil Kureshi as the Chief Justice of the \nMadhya Pradesh High Court impinges and diminishes the primacy of the \njudiciary in the matters of appointment and transfer of judges to High \nCourt and Supreme Court,\u201d the petition filed by the association through \nits president and senior advocate Yatin Oza submitted.<\/p>\n\n\n\n It\n said the May 10 recommendation was made by the collegium in accordance \nwith the law laid down in the Second Judges Case and Memorandum of \nProcedure for judicial appointments and transfers. It said the \n\u201crecommendation is rendered moot by the arbitrary inaction by the \nrespondent in withholding the appointment of Mr. Justice Akil Kureshi\u201d.<\/p>\n\n\n\n The\n association said 18 other additional judges of different High Courts \nhad been appointed since May 10, but the government had kept its \ndecision on Justice Kureshi pending inexplicably.<\/p>\n\n\n\n The government \nin June also appointed Justice Ravi Shanker Jha as the Acting Chief \nJustice of the Madhya Pradesh High Court even as it gave no word on \nJustice Kureshi.<\/p>\n\n\n\n \u201cWithholding of advice by the respondent to the \nPresident only with respect to recommendation of Hon\u2019ble Mr. Justice \nAkil Kureshi for appointment as Chief Justice of Madhya Pradesh High \nCourt amounts to direct participation of the Executive in the \nappointment of Chief Justice that is not countenanced at law,\u201d the \npetition said.<\/p>\n\n\n\n The association described Justice Kureshi as a judge who commanded \u201ctremendous admiration and respect.\u201d<\/p>\n\n\n\n His\n non-appointment was violative of Articles 14 and 217 of the \nConstitution and was subversive of the rule of law, the association \nsubmitted.<\/p>\n\n\n\n The association said the Supreme Court should issue \ndirections to the government to decide on the appointments of High Court\n Chief Justices within a period of six weeks from the collegium\u2019s date \nof recommendation.<\/p>\n