The Centre on Monday told the Supreme Court (SC) that it needs two more weeks to consider the issue related to Justice Akil A Kureshi’s appointment as Madhya Pradesh high court chief justice.
Solicitor General Tushar Mehta, who appeared for the Centre, told a Chief Justice Ranjan Gogoi-led bench that the “matter was under consideration” while seeking two weeks to file a response to a Gujarat High Court Advocates’ Association (GHAA) petition against the government’s delay in notifying Kureshi’s appointment.
In the petition, the GHAA noted that Kureshi’s appointment has been pending for two months while the government has cleared other such appointments.
The SC Collegium, which comprises three senior-most judges of the top court, on May 10 recommended names of four judges for appointment as high court chief justices. The names included that of Kureshi.
“Justice A A Kureshi is the senior-most Judge from Gujarat High Court and at present is functioning, on transfer, in Bombay High Court. Having regard to all relevant factors, the Collegium is of the considered view that Mr Justice A A Kureshi is suitable in all respects for being appointed as Chief Justice of the Madhya Pradesh High Court. The Collegium resolves to recommend accordingly, “ the collegium said in its resolution.
Senior advocate Fali Nariman, who appeared for the GHAA, said he has no objection to the Centre seeking time. He added the Centre has “only the role of a ‘distinguished communicator’ as per the Memorandum of Procedure (MoP) and the Department of Justice is only to announce the appointment”.
{{/usCountry}}Senior advocate Fali Nariman, who appeared for the GHAA, said he has no objection to the Centre seeking time. He added the Centre has “only the role of a ‘distinguished communicator’ as per the Memorandum of Procedure (MoP) and the Department of Justice is only to announce the appointment”.
{{/usCountry}}Referring to clauses of MoP, which prescribe the procedure of appointment of SC and high court judges, Nariman said the Centre has not much role in it after the collegium clears a name.
The GHAA said the “reluctance” of the Centre to appoint Justice Kureshi is against the procedure laid down in the MoP.
The court has listed the matter for further hearing on August 2.