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Centre ignores Collegium recommendation, names another judge as acting chief justice of Madhya Pradesh High Court

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Akil Abdulhamid Kureshi

[vc_row][vc_column][vc_column_text]Ignoring the May 10 recommendation by Supreme Court Collegium headed by Chief Justice of India (CJI) Ranjan Gogoi for appointment of Justice AA Kureshi as Chief Justice of Madhya Pradesh High Court, the Narendra Modi government yesterday (Friday, June 7) named Justice Ravi Shanker Jha as its Acting Chief Justice.

Justice Akil Abdulhamid Kureshi had delivered two major verdicts in the high court which were against the present top leaders in government. As India Legal reported on Dec 2, 2018, these pertained to the Lokayukta case in which he had ruled against the Narendra Modi-led Gujarat government by upholding the decision of the governor in appointing retired Gujarat High Court judge RA Mehta to the post and for his decision to send Amit Shah, now BJP president, to judicial custody in the Sohrabuddin alleged fake encounter case.

On May 10, the Collegium led by Chief Justice of India Ranjan Gogoi recommended Justice Kureshi to the office of the Chief Justice of Madhya Pradesh, saying he was the senior most judge from the Gujarat High Court, presently functioning on transfer in the Bombay High Court.

The Collegium had told the government in its resolution that Justice Kureshi, in its “considered view”, was “suitable in all respects for being appointed as Chief Justice of the Madhya Pradesh High Court” after the retirement of the incumbent Justice SK Seth.

While the Collegium’s recommendation is pending, the government Friday notified that under “the powers conferred by Article 223 of the Constitution of India, the President is pleased to appoint Justice Ravi Shanker Jha, seniormost judge of the Madhya Pradesh High Court, to perform the duties of the office of Chief Justice of that High Court with effect from 10 June, 2019 consequent upon the retirement of Justice Sanjay Kumar Seth, Chief Justice, Madhya Pradesh High Court”.

Justice Kureshi is currently the seniormost judge from the parent High Court of Gujarat.

The government was silent on Collegium’s recommendation for appointing Jutice Kureshi as MP High Court Chief Justice. However, Ravi Shankar Prasad, while taking over as Law Minister on Monday, had said in his reply to a question on pending appointments to the higher judiciary: “As a Law Minister, I will not be a post office simpliciter. The Law Minister and the Law Ministry has a role as a stakeholder, obviously giving due regard and respect to the Collegium system. But as Law Minister, neither I nor my department will remain a post office. We have a stake and we shall continue to pursue that stake in consultation with the Honourable Supreme Court and Honourable High Courts to expedite the appointments.”

It is not the first time Justice Kureshi’s appointment has been embroiled in controversy.

When the office of Chief Justice to the Gujarat High Court fell vacant some months back due to the elevation of Justice Subhash Reddy to the Supreme Court, Justice Kureshi, as the then next senior most judge in the Gujarat High Court, was expected to take over the office.

Instead, he was faced with an abrupt transfer to the Bombay High Court and Justice AS Dave, the senior most judge after Justice Kureshi, was appointed the Acting Chief Justice — all on the same day.

This raised a huge controversy. The Gujarat Bar had protested, alleging that Justice Kureshi was being transferred from the Gujarat High Court since the Modi government disliked him. The Gujarat High Court Advocate Association (GHAA) had passed a resolution that said the association “believes that such a transfer is unjustified and certainly has no connection with better administration of justice” and that it “impinges upon independence of judiciary”.

The government had then quickly changed tack to issue a second notification appointing Justice Kureshi as Acting Chief Justice of the Gujarat High Court until he took over office in the Bombay High Court. The controversy had raised questions about the way Justice Kureshi was dealt with by the government, and whether this had anything to do with adverse orders passed by him against the ruling dispensation.

On the final day before the declaration of 2019 General election results, the Central government issued twelve notifications clearing appointments of judges to various High Courts and the Supreme Court.

This included four appointments to the Supreme Court (even though the Supreme Court was shut for vacation) and two appointments as Chief Justices of High Courts of two States.

However, conspicuous again was the absence of notification clearing the name of Justice Akil Kureshi for appointment as Chief Justice of Madhya Pradesh High Court.

Three other recommendations were made on May 10, on appointment of Chief Justices in different high courts in the country, reported The Indian Express (IE). Justice DN Patel, a puisne judge from Gujarat High Court was recommended to be elevated as Chief Justice of Delhi High Court. His appointment was cleared by the Centre on May 22.

Justice V Ramasubramanian, the seniormost Judge from Madras High Court, was recommended to be elevated as the Chief Justice Himachal Pradesh High Court. The government is yet to clear his elevation, the IE report said.

Justice RS Chauhan, the seniormost judge in the Rajasthan High Court and who at present is functioning in Telangana High Court as Acting Chief Justice, was recommended by the Collegium to be elevated as Chief Justice of the Telangana High Court. The Centre is yet to clear Justice Chauhan’s elevation also, added the IE report.[/vc_column_text][/vc_column][/vc_row]

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Ajit Pawar’s son seeks detailed probe into Baramati plane crash

Jay Pawar has demanded a comprehensive probe and action against the aviation firm after the Baramati plane crash that killed Ajit Pawar and four others.

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Jay Pawar, the younger son of Maharashtra Deputy Chief Minister Ajit Pawar, has called for a comprehensive and impartial investigation into the plane crash near Baramati that claimed his father’s life along with four others on January 28.

In a social media post on Wednesday, Jay Pawar raised concerns over what he described as “possible serious lapses” that may have led to the fatal accident. He asserted that the aircraft’s black box is not easily destroyed and stressed that people of Maharashtra deserve to know the complete truth behind the crash.

Demand for action against aviation company

The ill-fated Learjet 45XR aircraft was operated by VSR Ventures Private Limited. Jay Pawar urged authorities to conduct a detailed probe into the firm’s operations and sought a ban on the aviation company pending investigation.

“A detailed investigation of possible serious lapses and irregularities of the aircraft firm should be done in a detailed and impartial manner,” he said.

The crash occurred near the Baramati airstrip, resulting in the deaths of Ajit Pawar and four others.

Call for CBI probe and sabotage allegations

Jay Pawar’s statement came a day after Maharashtra Deputy Chief Minister Sunetra Pawar and leaders from the Nationalist Congress Party met Chief Minister Devendra Fadnavis to demand a Central Bureau of Investigation (CBI) probe into the accident.

Separately, NCP (SP) MLA Rohit Pawar alleged there was reason to suspect sabotage in the crash and called for a multi-agency investigation involving experts.

During a press conference last week, Rohit Pawar also questioned the past record of Captain Sumit Kapoor, who was piloting the aircraft on the day of the crash. He referred to the pilot’s previous three-year suspension for alcohol consumption.

AAIB seeking support to retrieve CVR data

The Aircraft Accident Investigation Bureau (AAIB) is conducting a detailed probe into the crash. According to the agency, special technical assistance has been sought to retrieve data from the Cockpit Voice Recorder (CVR) of the Learjet 45 aircraft involved in the accident.

The investigation is ongoing.

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PM Modi sends congratulatory letter to Tarique Rahman after swearing-in

Lok Sabha Speaker Om Birla handed over Prime Minister Narendra Modi’s congratulatory letter to Bangladesh Prime Minister Tarique Rahman following his swearing-in and extended an invitation to visit India.

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Tarique Rehman

Om Birla on Tuesday met Tarique Rahman and delivered a letter from Narendra Modi, congratulating him on assuming office and inviting him to visit India.

The meeting took place shortly after Rahman was sworn in as Bangladesh’s Prime Minister following his party’s victory in the recently concluded parliamentary elections.

According to details shared, Birla also spoke to Rahman over the phone to personally convey PM Modi’s congratulations.

In his letter, PM Modi extended his greetings to Rahman on the Bangladesh Nationalist Party’s win in the parliamentary elections and on his appointment as the next Prime Minister of Bangladesh.

“I extend my warmest congratulations to you on the victory of the Bangladesh Nationalist Party at the just-concluded parliamentary elections in Bangladesh and on your appointment as the next Prime Minister of Bangladesh,” the letter read.

The communication also included an invitation for the newly sworn-in leader to visit India.

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Navjot Kaur Sidhu says Rahul Gandhi disconnected from ground realities

Navjot Kaur Sidhu criticises Rahul Gandhi after exiting Congress, alleging corruption in the Punjab unit and predicting defeat in upcoming state elections.

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Rahul-Gandhi

Former Congress leader Navjot Kaur Sidhu has launched a sharp attack on Rahul Gandhi soon after her exit from the party, accusing him of being detached from ground realities and failing to address concerns within the Punjab unit.

Speaking to reporters in Coimbatore, Sidhu said that Gandhi, who serves as Leader of the Opposition in the Lok Sabha, has not worked at the grassroots level and is unaware of what is happening within the party in Punjab. She stressed that understanding “ground zero” realities is crucial for leadership and said living in a “dream world” would not help the party.

Drawing a comparison with Prime Minister Narendra Modi, Sidhu said that while Gandhi speaks well and “talks sense”, his actions do not align with his words. She claimed there is nothing personally against the Prime Minister and challenged critics to find evidence of wrongdoing against him.

Sidhu also alleged widespread corruption within the Punjab Congress leadership. She claimed she sought an appointment with Gandhi for eight months to inform him about what she described as “injustice” and internal damage to the party. According to her, party tickets had already been sold, and she warned that Congress is likely to lose the state polls next year if corrective measures are not taken.

In a direct message to Gandhi, she said that if he is unaware of developments within his own party, then he does not deserve the leadership position. She further alleged that corrupt individuals surround him while honest leaders are ignored.

Sidhu claimed that she and her family were promised key roles, including a deputy chief minister post with seven departments and a Member of Parliament position for her, but were ultimately given nothing.

Last week, Congress general secretary in charge of Punjab, Bhupesh Baghel, announced that Sidhu had been expelled from the party. The announcement followed her own declaration that she had quit.

The 62-year-old leader was earlier associated with the BJP and served as an MLA from 2012 to 2016 before joining Congress. Recently, she levelled serious allegations against Punjab Congress chief Amrinder Singh Raja Warring, claiming that ₹500 crore was being demanded in exchange for the Chief Minister’s post if the party wins the upcoming elections. She was suspended after making those remarks.

With Punjab heading towards elections next year, her allegations add to the turbulence within the state unit of the Congress.

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