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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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Delhi CM Atishi accuses BJP’s Parvesh Verma of distributing cash to voters in Kejriwal’s constituency

Kejriwal also hinted that the BJP might declare Parvesh Verma as their chief ministerial candidate, questioning whether the people of Delhi would want such a leader.

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Delhi Chief Minister Atishi on Wednesday accused BJP leader Parvesh Verma of handing out cash to women in New Delhi, the constituency represented by Aam Aadmi Party (AAP) convenor Arvind Kejriwal.

During a press conference, Atishi claimed that Rs 1,100 was distributed to women from slum areas at Verma’s residence in Windsor Place, with their voter ID details being recorded. She stated, “The BJP is distributing money and checking voter cards in the New Delhi assembly constituency, where Arvind Kejriwal is a candidate.

Today, Parvesh Verma was caught red-handed giving out money at his official residence, money he received as an MP. Women from various slums in the New Delhi area were called there and handed Rs 1,100 in an envelope,” ANI reported her as saying.

Earlier in the day, Kejriwal had alleged that women voters in his constituency were being paid Rs 1,100 for their votes. “I have just returned from several areas in my New Delhi Vidhan Sabha constituency, and everywhere I went, people told me that these individuals are openly buying votes, paying Rs 1,100 for each vote. People said they would take the money but wouldn’t vote for them,” he posted on X.

Kejriwal also hinted that the BJP might declare Parvesh Verma as their chief ministerial candidate, questioning whether the people of Delhi would want such a leader.

In response to the accusations, Parvesh Verma stated that the money was distributed as part of a campaign by ‘Rashtriya Swabhiman’, an NGO founded by his late father, former Delhi Chief Minister Sahib Singh Verma.

“I see the struggles faced by women that Arvind Kejriwal has ignored for 11 years. They have been suffering, so I decided to support them with Rs 1,100 per month. Unlike Arvind Kejriwal, I am not distributing liquor; I am glad to be able to help people,” he said.

Verma added that the Rashtriya Swabhiman has been actively involved in community support, including redevelopment efforts in villages affected by disasters. Elections for the 70-member Delhi Assembly are scheduled for February next year.

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Yogi Adityanath says Congress insulting Ambedkar since Nehru days

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday hit out at the Congress, accusing it of disrespecting B.R. Ambedkar, the principal architect of the Indian Constitution, both during his life and after his death.

During a press conference held at his official residence at 5 Kalidas Marg, he also claimed that Jawaharlal Nehru, India’s first Prime Minister, opposed Ambedkar’s inclusion in the Constitution Drafting Committee.

Adityanath’s comments came in the wake of a controversy sparked by Union Home Minister Amit Shah’s remarks about Ambedkar in the Rajya Sabha last week. Surrounded by ministers Swatantra Dev Singh and Asim Arun, the Chief Minister emphasised that the purpose of the press conference was to reveal what he called the unethical and unconstitutional actions of Congress and other opposition parties against Ambedkar.

“Dr. B.R. Ambedkar played a pivotal role in India’s freedom struggle, the formulation of the Constitution, and the foundational years of an independent India. Despite facing numerous societal challenges, he achieved the highest accolades in law, finance, and economics. His contributions to the nation are unmatched, and he is deeply revered by every Indian,” Adityanath stated.

He contrasted the Bharatiya Janata Party’s (BJP) respect for Ambedkar with the Congress party’s history of disrespect. Adityanath highlighted the BJP’s initiatives to honor Ambedkar’s legacy, including memorials in significant locations like Mhow, Nagpur, Mumbai, and London, where Ambedkar pursued his studies.

“Under BJP leadership, from Atal Bihari Vajpayee’s time to Prime Minister Narendra Modi’s tenure, we have made every effort to uphold Ambedkar’s ideals. In stark contrast, the Congress has consistently insulted him and minimised his contributions,” he asserted.

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

He also recalled an incident during the UPA regime when a textbook depicted a derogatory cartoon of Ambedkar being prodded by Nehru, which was withdrawn only after widespread protests, leading to an apology from then HRD Minister Kapil Sibal.

The Chief Minister claimed that the Congress worked to defeat Ambedkar in elections, including the 1952 general elections for the Mumbai North constituency and the 1954 by-elections.

He alleged that even Nehru campaigned against Ambedkar to ensure his loss, asserting that the Congress consistently aimed to silence the voices of Dalits and marginalized communities.

Adityanath also criticised the Congress for not granting national honors to Ambedkar during his lifetime, stating, “It was only when a government supported by the BJP came to power that Ambedkar was finally awarded the Bharat Ratna.”

He further emphasised the BJP’s commitment to realizing Ambedkar’s vision through programs aimed at benefiting Dalits and marginalized groups, reiterating the party’s dedication to preserving Ambedkar’s legacy while accusing the Congress of ongoing disrespect and divisive politics.

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Government set to table One Nation, One Election bill in Lok Sabha on December 16

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Parliament Winter Session: Lok Sabha speaker warns opposition, No-Confidence motion against Rajya Sabha Chairman

The stage is set for a major legislative push by the central government as two bills related to the ambitious “One Nation, One Election” initiative are scheduled for introduction in the Lok Sabha on Monday, December 16.

Union Law Minister Arjun Ram Meghwal is expected to present The Constitution (129th Amendment) Bill and The Union Territories Laws (Amendment) Bill, marking a significant step towards implementing simultaneous Lok Sabha and state legislative assembly elections.

On Thursday, the Union Cabinet, chaired by Prime Minister Narendra Modi, gave its nod to the constitutional amendment bill that seeks to align elections for the Lok Sabha and state assemblies. This decision underscores the ruling Bharatiya Janata Party’s commitment to its long-standing agenda of electoral synchronization, aimed at reducing the frequency of polls and associated costs.

The Cabinet also approved a supplementary bill to amend specific provisions related to three Union territories with legislative assemblies—Delhi, Puducherry, and Jammu & Kashmir. This aligns their governance framework with the overarching constitutional amendments proposed under the “One Nation, One Election” initiative.

The constitutional amendment bill aims to streamline the electoral calendar by establishing a legal framework for conducting Lok Sabha and state assembly elections simultaneously. However, the government has, for now, opted to exclude local body polls, such as those for municipalities and panchayats, from this framework. A high-level committee chaired by former President Ram Nath Kovind had earlier suggested a phased approach to include local elections in the future.

The concept of “One Nation, One Election” has been a focal point in political discourse, with proponents arguing it will enhance governance by reducing electoral disruptions and fostering policy stability. Critics, however, have raised concerns about the logistical and constitutional challenges of synchronizing diverse electoral cycles across India’s federal structure.

This legislative development will undoubtedly dominate parliamentary discussions as political parties prepare to deliberate on the feasibility and implications of reshaping India’s electoral landscape.

The introduction of these bills is expected to spark robust debate, with the government emphasizing the potential benefits of reduced administrative burdens and streamlined governance, while opposition parties scrutinize its impact on India’s democratic fabric.

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