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Written by: Arushi Bansal (Intern)

Edited by: Anubhav Yadav (Content Head & Developer)

Kureshi is widely regarded as being despised by the current leadership, therefore the fact that the collegium did not even mention his name sent shockwaves across legal circles.

The absence of Justice Akil Kureshi from the current list of Supreme Court nominations has sparked heated debate. In 2018, the case of Justice Kureshi was made public for the first time. He was set to become the Gujarat High Court’s acting Chief Justice and the Court’s senior-most judge following the elevation of then Chief Justice Subhash Reddy. He was appointed to the Bombay High Court, where he would be number five with a lesser seniority rank. The Gujarat High Court Advocates Association which was outspoken in its opposition to the transfer, commended Justice Kureshi’s integrity and ability while blasting his relocation as needless.  Justice Kureshi was promoted as Chief Justice of the Madhya Pradesh High Court by the Supreme Court collegium in May 2019. Despite the fact that the other names on the same i.e., Justice DN Patel, V Ramasubramanian, and RS Chauhan, who were recommended as Chief Justice of High Courts of Delhi, Himachal Pradesh and Telangana had been approved, the Central Government refused to approve Justice Kureshi’s elevation. This prompted the Gujarat High Court Advocates Association to file a writ suit in the Supreme Court, requesting that the court direct the Centre to act on Justice Kureshi’s elevation recommendation.

On behalf of the GHCAA, Fali S Nariman, Arvind Datar, Dushyant Dave, Yatin Oza, Mihir Thakore, Percy Kavina and other senior counsel were present, arguing for Justice Kureshi’s promotion. For whatever reason, the Centre, on the other hand, has remained hesitant. The Supreme Court collegium submitted a fresh proposal four months later, in September 2019, in response to communications from the Ministry of Justice, upgrading Justice Kureshi to the Tripura High Court rather than the Madhya Pradesh High Court. The Centre served him as Chief Justice of Tripura High Court, which appeared to be a form of settlement. On the legal front, the Court dismissed GHCAA’S petition without commenting on the Centre’s failure to act on collegium recommendations by the date set by the court. Because the reason for these decisions is kept secret from the public eye, one must rely on speculation. There is a common belief that Justice Kureshi is a persona non grata for the Central Government as a result of some of his decision.

In connection with the Sohrabuddin encounter killing case, J Kureshi sentenced BJP Leader Amit Shah, who was junior Home Minister at that time, for two days of police custody in 2010. In 2016, a leading lawyer associated with Justice Kureshi appeared for one of the parties and requested that Justice Kureshi should recuse himself from hearing the appeal against Maya Kodnani’s and a few others’ convictions in the Naroda Patiya massacre case. Chief Justice AS Oka was selected as the senior-most High Court Chief Justice but left the Chief Justice AS Kureshi when making its latest recommendation. According to some accounts, Justice Nariman’s request that Justice Kureshi is raised was the reason for the Supreme Court nominations delaying for nearly two years after September 2019. This time the collegium seemed to value variety above seniority, upgrading four puisne judiciaries. However, there is one more vacancy but still does not explain Justice Kureshi’s exclusion. The refusal to advance Justice Kureshi to the Supreme Court before he retires as a High Court judge, as he richly deserves, sends a troubling message.

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THE APPOINTMENTS HAVE SPARKED DEBATE, NOT BECAUSE OF THE NAMES SUBMITTED, BUT BECAUSE OF ONE THAT WAS LEFT OUT – Vidhi Parivartan
420 views |0 comments

Written by: Arushi Bansal (Intern)

Edited by: Anubhav Yadav (Content Head & Developer)

Kureshi is widely regarded as being despised by the current leadership, therefore the fact that the collegium did not even mention his name sent shockwaves across legal circles.

The absence of Justice Akil Kureshi from the current list of Supreme Court nominations has sparked heated debate. In 2018, the case of Justice Kureshi was made public for the first time. He was set to become the Gujarat High Court’s acting Chief Justice and the Court’s senior-most judge following the elevation of then Chief Justice Subhash Reddy. He was appointed to the Bombay High Court, where he would be number five with a lesser seniority rank. The Gujarat High Court Advocates Association which was outspoken in its opposition to the transfer, commended Justice Kureshi’s integrity and ability while blasting his relocation as needless.  Justice Kureshi was promoted as Chief Justice of the Madhya Pradesh High Court by the Supreme Court collegium in May 2019. Despite the fact that the other names on the same i.e., Justice DN Patel, V Ramasubramanian, and RS Chauhan, who were recommended as Chief Justice of High Courts of Delhi, Himachal Pradesh and Telangana had been approved, the Central Government refused to approve Justice Kureshi’s elevation. This prompted the Gujarat High Court Advocates Association to file a writ suit in the Supreme Court, requesting that the court direct the Centre to act on Justice Kureshi’s elevation recommendation.

On behalf of the GHCAA, Fali S Nariman, Arvind Datar, Dushyant Dave, Yatin Oza, Mihir Thakore, Percy Kavina and other senior counsel were present, arguing for Justice Kureshi’s promotion. For whatever reason, the Centre, on the other hand, has remained hesitant. The Supreme Court collegium submitted a fresh proposal four months later, in September 2019, in response to communications from the Ministry of Justice, upgrading Justice Kureshi to the Tripura High Court rather than the Madhya Pradesh High Court. The Centre served him as Chief Justice of Tripura High Court, which appeared to be a form of settlement. On the legal front, the Court dismissed GHCAA’S petition without commenting on the Centre’s failure to act on collegium recommendations by the date set by the court. Because the reason for these decisions is kept secret from the public eye, one must rely on speculation. There is a common belief that Justice Kureshi is a persona non grata for the Central Government as a result of some of his decision.

In connection with the Sohrabuddin encounter killing case, J Kureshi sentenced BJP Leader Amit Shah, who was junior Home Minister at that time, for two days of police custody in 2010. In 2016, a leading lawyer associated with Justice Kureshi appeared for one of the parties and requested that Justice Kureshi should recuse himself from hearing the appeal against Maya Kodnani’s and a few others’ convictions in the Naroda Patiya massacre case. Chief Justice AS Oka was selected as the senior-most High Court Chief Justice but left the Chief Justice AS Kureshi when making its latest recommendation. According to some accounts, Justice Nariman’s request that Justice Kureshi is raised was the reason for the Supreme Court nominations delaying for nearly two years after September 2019. This time the collegium seemed to value variety above seniority, upgrading four puisne judiciaries. However, there is one more vacancy but still does not explain Justice Kureshi’s exclusion. The refusal to advance Justice Kureshi to the Supreme Court before he retires as a High Court judge, as he richly deserves, sends a troubling message.

Share

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Your email address will not be published. Required fields are marked *

THE APPOINTMENTS HAVE SPARKED DEBATE, NOT BECAUSE OF THE NAMES SUBMITTED, BUT BECAUSE OF ONE THAT WAS LEFT OUT – Vidhi Parivartan
421 views |0 comments

Written by: Arushi Bansal (Intern)

Edited by: Anubhav Yadav (Content Head & Developer)

Kureshi is widely regarded as being despised by the current leadership, therefore the fact that the collegium did not even mention his name sent shockwaves across legal circles.

The absence of Justice Akil Kureshi from the current list of Supreme Court nominations has sparked heated debate. In 2018, the case of Justice Kureshi was made public for the first time. He was set to become the Gujarat High Court’s acting Chief Justice and the Court’s senior-most judge following the elevation of then Chief Justice Subhash Reddy. He was appointed to the Bombay High Court, where he would be number five with a lesser seniority rank. The Gujarat High Court Advocates Association which was outspoken in its opposition to the transfer, commended Justice Kureshi’s integrity and ability while blasting his relocation as needless.  Justice Kureshi was promoted as Chief Justice of the Madhya Pradesh High Court by the Supreme Court collegium in May 2019. Despite the fact that the other names on the same i.e., Justice DN Patel, V Ramasubramanian, and RS Chauhan, who were recommended as Chief Justice of High Courts of Delhi, Himachal Pradesh and Telangana had been approved, the Central Government refused to approve Justice Kureshi’s elevation. This prompted the Gujarat High Court Advocates Association to file a writ suit in the Supreme Court, requesting that the court direct the Centre to act on Justice Kureshi’s elevation recommendation.

On behalf of the GHCAA, Fali S Nariman, Arvind Datar, Dushyant Dave, Yatin Oza, Mihir Thakore, Percy Kavina and other senior counsel were present, arguing for Justice Kureshi’s promotion. For whatever reason, the Centre, on the other hand, has remained hesitant. The Supreme Court collegium submitted a fresh proposal four months later, in September 2019, in response to communications from the Ministry of Justice, upgrading Justice Kureshi to the Tripura High Court rather than the Madhya Pradesh High Court. The Centre served him as Chief Justice of Tripura High Court, which appeared to be a form of settlement. On the legal front, the Court dismissed GHCAA’S petition without commenting on the Centre’s failure to act on collegium recommendations by the date set by the court. Because the reason for these decisions is kept secret from the public eye, one must rely on speculation. There is a common belief that Justice Kureshi is a persona non grata for the Central Government as a result of some of his decision.

In connection with the Sohrabuddin encounter killing case, J Kureshi sentenced BJP Leader Amit Shah, who was junior Home Minister at that time, for two days of police custody in 2010. In 2016, a leading lawyer associated with Justice Kureshi appeared for one of the parties and requested that Justice Kureshi should recuse himself from hearing the appeal against Maya Kodnani’s and a few others’ convictions in the Naroda Patiya massacre case. Chief Justice AS Oka was selected as the senior-most High Court Chief Justice but left the Chief Justice AS Kureshi when making its latest recommendation. According to some accounts, Justice Nariman’s request that Justice Kureshi is raised was the reason for the Supreme Court nominations delaying for nearly two years after September 2019. This time the collegium seemed to value variety above seniority, upgrading four puisne judiciaries. However, there is one more vacancy but still does not explain Justice Kureshi’s exclusion. The refusal to advance Justice Kureshi to the Supreme Court before he retires as a High Court judge, as he richly deserves, sends a troubling message.

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Your email address will not be published. Required fields are marked *

1.0Vidhi Parivartanhttp://vidhiparivartan.co.inNancy Garghttp://vidhiparivartan.co.in/author/admin/THE APPOINTMENTS HAVE SPARKED DEBATE, NOT BECAUSE OF THE NAMES SUBMITTED, BUT BECAUSE OF ONE THAT WAS LEFT OUTrich600338<blockquote class="wp-embedded-content" data-secret="51TU5R311M"><a href="http://vidhiparivartan.co.in/the-appointments-have-sparked-debate-not-because-of-the-names-submitted-but-because-of-one-that-was-left-out/">THE APPOINTMENTS HAVE SPARKED DEBATE, NOT BECAUSE OF THE NAMES SUBMITTED, BUT BECAUSE OF ONE THAT WAS LEFT OUT</a></blockquote><iframe sandbox="allow-scripts" security="restricted" src="http://vidhiparivartan.co.in/the-appointments-have-sparked-debate-not-because-of-the-names-submitted-but-because-of-one-that-was-left-out/embed/#?secret=51TU5R311M" width="600" height="338" title="“THE APPOINTMENTS HAVE SPARKED DEBATE, NOT BECAUSE OF THE NAMES SUBMITTED, BUT BECAUSE OF ONE THAT WAS LEFT OUT” — Vidhi Parivartan" data-secret="51TU5R311M" frameborder="0" marginwidth="0" marginheight="0" scrolling="no" class="wp-embedded-content"></iframe><script type="text/javascript"> /** * WordPress inline HTML embed * * @since 4.4.0 * @output wp-includes/js/wp-embed.js * * This file cannot have ampersands in it. This is to ensure * it can be embedded in older versions of WordPress. * See https://core.trac.wordpress.org/changeset/35708. */ (function ( window, document ) { 'use strict'; var supportedBrowser = false, loaded = false; if ( document.querySelector ) { if ( window.addEventListener ) { supportedBrowser = true; } } /** @namespace wp */ window.wp = window.wp || {}; if ( !! window.wp.receiveEmbedMessage ) { return; } /** * Receive embed message. * * @param {MessageEvent} e */ window.wp.receiveEmbedMessage = function( e ) { var data = e.data; if ( ! data ) { return; } if ( ! ( data.secret || data.message || data.value ) ) { return; } if ( /[^a-zA-Z0-9]/.test( data.secret ) ) { return; } var iframes = document.querySelectorAll( 'iframe[data-secret="' + data.secret + '"]' ), blockquotes = document.querySelectorAll( 'blockquote[data-secret="' + data.secret + '"]' ), allowedProtocols = new RegExp( '^https?:$', 'i' ), i, source, height, sourceURL, targetURL; for ( i = 0; i < blockquotes.length; i++ ) { blockquotes[ i ].style.display = 'none'; } for ( i = 0; i < iframes.length; i++ ) { source = iframes[ i ]; if ( e.source !== source.contentWindow ) { continue; } source.removeAttribute( 'style' ); /* Resize the iframe on request. */ if ( 'height' === data.message ) { height = parseInt( data.value, 10 ); if ( height > 1000 ) { height = 1000; } else if ( ~~height < 200 ) { height = 200; } source.height = height; } /* Link to a specific URL on request. */ if ( 'link' === data.message ) { sourceURL = document.createElement( 'a' ); targetURL = document.createElement( 'a' ); sourceURL.href = source.getAttribute( 'src' ); targetURL.href = data.value; /* Only follow link if the protocol is in the allow list. */ if ( ! allowedProtocols.test( targetURL.protocol ) ) { continue; } /* Only continue if link hostname matches iframe's hostname. */ if ( targetURL.host === sourceURL.host ) { if ( document.activeElement === source ) { window.top.location.href = data.value; } } } } }; function onLoad() { if ( loaded ) { return; } loaded = true; var isIE10 = -1 !== navigator.appVersion.indexOf( 'MSIE 10' ), isIE11 = !!navigator.userAgent.match( /Trident.*rv:11\./ ), iframes = document.querySelectorAll( 'iframe.wp-embedded-content' ), iframeClone, i, source, secret; for ( i = 0; i < iframes.length; i++ ) { /** @var {IframeElement} */ source = iframes[ i ]; secret = source.getAttribute( 'data-secret' ); if ( ! secret ) { /* Add secret to iframe */ secret = Math.random().toString( 36 ).substr( 2, 10 ); source.src += '#?secret=' + secret; source.setAttribute( 'data-secret', secret ); } /* Remove security attribute from iframes in IE10 and IE11. */ if ( ( isIE10 || isIE11 ) ) { iframeClone = source.cloneNode( true ); iframeClone.removeAttribute( 'security' ); source.parentNode.replaceChild( iframeClone, source ); } /* * Let post embed window know that the parent is ready for receiving the height message, in case the iframe * loaded before wp-embed.js was loaded. When the ready message is received by the post embed window, the * window will then (re-)send the height message right away. */ source.contentWindow.postMessage( { message: 'ready', secret: secret }, '*' ); } } if ( supportedBrowser ) { window.addEventListener( 'message', window.wp.receiveEmbedMessage, false ); document.addEventListener( 'DOMContentLoaded', onLoad, false ); window.addEventListener( 'load', onLoad, false ); } })( window, document ); </script>