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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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Congress hits back at Foreign Minister Jaishankar, says PM Modi began taking domestic politics abroad first

On Ramesh’s tweet, people wrote various comments, where one said Rahul Gandhi is a failed dynast and has been rejected by 1.2 billion people of the country twice and has now turned to the Indian NRI population living abroad.

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Congress hits back at Foreign Minister Jaishankar, says PM Modi began taking domestic politics abroad first

The war of words between Congress and External Affairs S Jaishankar is continuing. Congress General Secretary Jairam Ramesh hit back at Jaishankar for his criticism of Rahul Gandhi for his remarks made in the US recently. He said Prime Minister Narendra Modi began taking domestic politics abroad first.

On Ramesh’s tweet, people wrote various comments, where one said Rahul Gandhi is a failed dynast and has been rejected by 1.2 billion people of the country twice and has now turned to the Indian NRI population living abroad. He also said the hypocrisy of Congress knew no limits.

Earlier, Jaishankar had slammed Gandhi for his habit of criticising India outside the country, saying this was not good for the health of democracy in India. He added, he did not have a problem with what happened within the country, but taking politics outside the national boundaries was not best for the nation’s interest.

Congress General Secretary Randeep Surjewala mocked that the BJP had given an old script to Jaishankar and he should read a new one. He further added, the Prime Minister had made fun of previous governments and insulted the country’s 70-year-old history, whereas Rahul Gandhi had said that there was a planned systematic attack going on the democratic institutions of the country, which was the truth.

Earlier, Jaishankar had said in a press conference that Gandhi has a habit of criticizing the country and making comments on domestic politics in foreign soil. He said the world has its eyes set on India and this creates a detrimental effect on the image of the country on the world stage. He said elections are held and sometimes one party wins or the other party wins. He was confident the NDA-led government would come back to power in 2024.

He advised Rahul Gandhi that taking politics outside India will not help in improving his face value.

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Rajya Sabha Secretariat orders AAP MP Raghav Chadha to vacate the bungalow in Central Delhi’s Pandara road

He was told that the bungalow was above his grade as a first-time MP.

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Rajya Sabha Secretariat orders AAP MP Raghav Chadha to vacate the bungalow in Central Delhi’s Pandara road

A dispute over Aam Aadmi Party MP Raghav Chadha’s official bungalow is ongoing. The matter is to be moved to a higher Court after a Delhi Court put on hold an order canceling its allotment. The Rajya Sabha Secretariat had ordered Raghav Chadha to vacate the bungalow in Central Delhi’s Pandara Road, which he had been allotted a year ago.

He was told that the bungalow was above his grade as a first-time MP. However, the Patiala Court had paused the order saying Chadha, who was staying with his parents in the bungalow, could not be thrown out and the proper process had to be followed as per the law. The next hearing will take place on July 10.

Head of the Rajya Sabha Housing Committee CM Ramesh said the ruling will be challenged.

He further added that Chadha, as a first-time MP, was not entitled to a type 7 bungalow. These types of bungalows are assigned to former Chief Minister, former Union Ministers, and former Governors. He cited BJP MP Radha Mohan Das had been moved from a type 7 bungalow to a type 5 bungalow.

Chadha had approached the Court after receiving the cancellation notice. He asked the notice to be declared illegal and demanded Rs 5.50 lakhs in damages for mental agony and harassment.

He told the Court that he had been allotted a type 5 bungalow on July 6, 2022. On August 29, he wrote a letter to the Rajya Sabha Secretariat requesting a Type 7 bungalow. He was then assigned the current bungalow from the Rajya Sabha pool on September 3.

Chadha said, he accepted the allotment and shifted with his parents in November, after carrying out renovations. He further added that the allotment was canceled without a reason or logic and he was informed about the same on March 3, 2023.

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Big opposition meet in Patna on June 23: Rahul Gandhi, Mallikarjun Kharge, Mamata Banerjee, Arvind Kejriwal among others to attend

The meeting will be attended by Congress chief Mallikarjun Kharge and former chief Rahul Gandhi, West Bengal Chief Minister Mamata Banerjee, Delhi Chief Minister Arvind Kejriwal, Tamil Nadu Chief Minister MK Stalin, Jharkhand Chief Minister Hemant Soren.

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opposition parties

A mega opposition meet is scheduled to take place in Patna, Bihar on June 23. A meeting that is expected to bring a series of opposition parties from across the country together at the same table.

The meeting will be attended by Congress chief Mallikarjun Kharge and former chief Rahul Gandhi, West Bengal Chief Minister Mamata Banerjee, Delhi Chief Minister Arvind Kejriwal, Tamil Nadu Chief Minister MK Stalin, Jharkhand Chief Minister Hemant Soren.

The meeting will also witness the presence of Nationalist Congress Party supremo Sharad Pawar, Shiv Sena (UBT) Chief Uddhav Thackeray and Samajwadi Party National President Akhilesh Yadav and Bihar’s Deputy CM Tejashwi Yadav.

Leaders of the left front are also likely to join the meeting.

The huge meeting convened by Bihar Chief Minister and Janata Dal(United) supremo Nitish Kumar was earlier slated to take place on June 12. Reports said the decision to change in dates was taken after Congress announced Kharge and Gandhi would not be able to be part of the meeting on June 12 due to prior commitments.

This will be the first mega meeting of all the opposition parties together, which was in planning for almost two months now. Bihar CM Kumar had started his bid for opposition unity against the Centre ruling BJP in April when he met Kharge and Gandhi in Delhi with his deputy Yadav and other leaders of Bihar Mahagathbandhan.

The Agenda of the meeting in Patna is expected to be deciding a common strategy for the 2024 Lok Sabha elections. Opposition parties have been throwing signals of unity for some months now, the most recent one, the boycott of the inauguration of the new Parliament building by 20 like-minded opposition parties, the show of strength- leaders of different parties shared the stage while attending the swearing-in ceremony of Siddaramaiah as Karnataka CM on May 20.

Congress leader KC Venugopal said they believe in unity and are committed to the purpose of defending democracy. He further added they would surely defeat the divisive forces which are in power at the Centre.

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