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

Published

7 years ago

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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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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

Published

21 hours ago

on

March 17, 2026

By

West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Mamata Banerjee writes to poll chief over officers’ reshuffle, calls move arbitrary

Mamata Banerjee has written to the Chief Election Commissioner, calling the reshuffle of senior Bengal officials arbitrary and raising concerns over constitutional norms.

Published

1 day ago

on

March 17, 2026

By

mamta banerjee

West Bengal Chief Minister Mamata Banerjee has written to Chief Election Commissioner Gyanesh Kumar, raising strong objections to the recent reshuffle of senior bureaucrats in the state ahead of the assembly elections.

In her letter, Banerjee described the move by the Election Commission of India as “arbitrary” and expressed “deep concern” over what she termed a unilateral decision. She urged the Commission to refrain from adopting such measures in the future.

The Chief Minister pointed out that while the Election Commission does have the authority to make administrative changes during elections, past practice has involved consultation with the state government. According to her, the Commission would typically seek a panel of officers from the state and make its selections from that list, maintaining what she called constitutional propriety and administrative convention.

Banerjee warned that bypassing this process could undermine the institutional credibility and long-standing legacy of the poll body, and may also affect the foundational principles of the constitutional framework.

The controversy stems from the Commission’s decision, taken soon after announcing election dates, to remove several top officials from election-related duties. These include the state’s Chief Secretary, Director General of Police, Kolkata Police Commissioner, and Home Secretary.

The Commission has maintained that the reshuffle was aimed at ensuring a peaceful and violence-free electoral process.

Reacting sharply, Banerjee alleged bias in the decision-making, claiming that the removal of the Chief Secretary indicated an anti-women stance. She also accused the Commission of selectively targeting officers, suggesting that the move favoured individuals aligned with the Bharatiya Janata Party.

Meanwhile, the Trinamool Congress escalated its protest, staging a day-long walkout from the Rajya Sabha earlier in the day.

Responding to the criticism, Parliamentary Affairs Minister Kiren Rijiju said the Election Commission is a constitutional authority, adding that questioning its decisions in Parliament is inappropriate and unproductive.

The Commission has appointed a new Chief Secretary in place of the outgoing official as part of the reshuffle.

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BJP releases first list of 47 candidates for Kerala assembly polls

The BJP has released its first list of 47 candidates for the Kerala Assembly elections scheduled for April 9, including three former Union ministers.

Published

2 days ago

on

March 16, 2026

By

BJP releases list of candidates

The Bharatiya Janata Party (BJP) on Monday released its first list of 47 candidates for the upcoming Kerala Assembly elections scheduled for April 9.

Voting will take place for all 140 seats in the state assembly, with counting of votes scheduled for May 4. A party or coalition needs at least 70 seats to secure a majority in the House.

Among the candidates announced in the first list are three former Union ministers — Rajeev Chandrasekhar, V. Muraleedharan and George Kurian.

Key candidates announced

Kerala BJP chief and former Union minister Rajeev Chandrasekhar has been fielded from the Nemom assembly constituency. In the 2024 Lok Sabha election, Chandrasekhar lost the Thiruvananthapuram seat to three-time MP Shashi Tharoor, but he led in the Nemom assembly segment during that contest. The party believes this performance strengthens its prospects in the constituency.

Nemom has held political significance for the BJP since 2016, when senior leader O. Rajagopal won the seat and became the party’s first-ever MLA in the 140-member Kerala Legislative Assembly. The victory marked the BJP’s initial breakthrough in the state assembly.

However, the seat returned to the Left camp in the 2021 Assembly election when V. Sivankutty defeated BJP leader Kummanam Rajasekharan.

Former Union minister V. Muraleedharan will contest from the Kazhakoottam constituency, while George Kurian has been nominated from Kanjirappally.

Other candidates in the list

According to the list released by the party, several other candidates have also been announced for key constituencies. P. C. George will contest from Poonjar, R. Sreelekha from Vattiyoorkavu and Padmaja Venugopal from Thrissur.

The BJP has also nominated Sobha Surendran from Palakkad, Navya Haridas from Kozhikode North and Kavitha K. S. from Sulthanbathery, a reserved constituency.

Raji Prasad will contest from the Kunnathur seat reserved for Scheduled Castes, while R. Rashmi has been fielded from Kottarakkara.

Political backdrop in Kerala

Kerala’s electoral politics has traditionally alternated between the Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF). However, the BJP has been attempting to expand its presence in the state.

The alternating trend was interrupted in the 2021 Assembly election when the electorate returned the Pinarayi Vijayan-led government to power for a second consecutive term.

The BJP believes recent electoral performances and local body successes have strengthened its position as it prepares to contest the upcoming assembly polls.

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