Source: thehindu.com<\/p>\n\n\n\n
Solicitor General Tushar Mehta on Friday informed the Supreme Court that the government will take a call on the\u00a0appointment of Justice Akil Kureshi\u00a0as the Chief Justice of Madhya Pradesh High Court in a week and place its decision before the apex court Collegium.<\/p>\n\n\n\n
A Bench led by Chief Justice of India Ranjan Gogoi said a date would be fixed on the administrative side for a hearing in the case next week.<\/p>\n\n\n\n
Earlier in August, the government had sought time\u00a0till the end of the Parliament session\u00a0to decide on the Collegium recommendation of Justice Kureshi.<\/p>\n\n\n\n
The hearing is based on a\u00a0petition filed by the Gujarat High Court Advocates Association.<\/p>\n\n\n\n
The previous hearings had seen senior advocate Fali Nariman, who represented the association, criticise the\u00a0unexplained delay from the government\u00a0in taking a call on Justice Kureshi.<\/p>\n\n\n\n
Mr. Nariman had said the government should act as a \u201cdistinguished communicator\u201d and could not resort to what seemed\u00a0\u201cdeliberate inaction\u201d\u00a0in a recommendation made by the Supreme Court Collegium as way back as May 10. Mr. Nariman had said the Centre should clarify whether it had even sought a feedback from the Madhya Pradesh government.<\/p>\n\n\n\n
The association alleged that Justice Kureshi\u2019s elevation was\u00a0singled out for uncertainty\u00a0while those of other judges, who were recommended along with him, had sailed through.<\/p>\n\n\n\n
\u201cThe deliberate inaction of the respondent (the Centre) in not appointing Justice Akil Kureshi as the Chief Justice of the Madhya Pradesh High Court impinges and diminishes the primacy of the judiciary in the matters of appointment and transfer of judges to High Court and\u00a0Supreme Court,<\/strong>\u201d the petition filed by the association through its president and senior advocate Yatin Oza submitted.<\/p>\n\n\n\n It said the May 10 recommendation was made by the Collegium in accordance with the law laid down in the Second Judges Case and Memorandum of Procedure for judicial appointments and transfers. It said the \u201crecommendation is rendered moot by the arbitrary inaction by the respondent in withholding the appointment of Justice Akil Kureshi\u201d.<\/p>\n\n\n\n The association has submitted that the delay in the appointment of the High Court\u00a0judge\u00a0<\/strong>was violative of Articles 14 and 217 of the Constitution of India and subversive of the rule of law.<\/p>\n\n\n\n The association said the court should issue directions to the government to decide on appointments of High Court Chief Justices within a period of six weeks from the Collegium\u2019s date of recommendation.<\/p>\n