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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]

2024 Lok Sabha Elections

Election Commission books BJP MP Tejasvi Surya for seeking votes in the name of religion

Tejasvi Surya was booked by the Karnataka chief electoral officer for seeking votes in the name of religion in a video posted on X.

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Bengaluru South sitting MP and BJP’s candidate from the same seat Tejasvi Surya was reported to the chief election officer of Karnataka for uploading a video on X in which he asked for votes based on religion.

Karnataka Chief Election Officer tweeted on Friday during polling in the crucial seat where Tejasvi Surya MP is running against Congress’s Sowmya Reddy. He tweeted, case is booked against Tejasvi Surya MP and Candidate of Bengaluru South PC on 25.04.24 at Jayanagar PS u/s 123(3) for posting a video in ‘X’ handle and soliciting votes on the ground of religion.

Tejasvi urged people to cast votes and utilize their right to do so on multiple occasions. He released the last video at 2:00 PM, mentioning Ram Mandir in addition to border security and Article 370 in his plea to make the most of the final four hours of voting.

Earlier, Tejasvi gave an 80%–20% parallel to implore BJP supporters to turn out in large numbers at the polls. Only 20% of the BJP’s 80% voter base actually turned up to vote. C ongress’ voters are 20 % but they come out and vote 80%.  He added, in most circumstances, this is the actual situation at the polls. Telling the impportance of vote he said that every votes counts. He also urged to vote and added if you don’t, then 20% of Congress will undoubtedly be doing so.

Meanwhile, Karnataka recorded 50.93% voter turnout till 3pm, with Bengaluru South recording 40.77%. Up till 3 pm, Udupi Chikmagalur had the highest turnout (57.49%), Hassan had the next highest percentage at 55.92%, Dakshina Kannada at 58.76%, Chitradurga at 52.14%, Tumkur at 56.62%, Mandya at 57.44%, Mysore at 53.55%, Chamarajanagar at 54.82%, Bangalore Rural at 49.62%, Bangalore North at 41.12%, Bangalore Central at 40.10%, Bangalore South at 40.775, Chikkballapur 55.90%, and Kolar 54.66%.

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2024 Lok Sabha Elections

Mallikarjun Kharge writes to PM Modi seeks time to explain Congress’s Nyay Patra

Congress chief Mallikarjun Kharge wrote an open letter to PM Modi and said the Prime Minister is being misinformed by his advisors

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Congress President Mallikarjun Kharge wrote Prime Minister Narendra Modi a letter on Thursday, requesting an explanation of the ancient party’s Nyay Patra.

In support of the Congress manifesto, Kharge said that the Nyay Patra aims to give justice to marginalised people from all castes and communities, including women, children, farmers, and labourers.

The Congrss president said, PM’s  advisors are misrepresenting things to him that aren’t even included in our manifesto. Kharge said, he would be more than happy to meet with him in person to explain thehir Nyay Patra’ so that, as prime minister of the country, he dosen’t make any statements that are false.

It has become his  habit to seize on a few words taken out of context, create communal divide, Kharge added.

The Congress leader said that he is neither shocked nor surprised by the language used by the prime minister, in reference to Modi’s recent addresses.

It was expected that the PM and other leaders from his party would start speaking in this manner after he saw the dismal performance of the BJP in the first phase of the elections, he continued.

The impoverished and their rights have been a topic of discussion in Congress (nyay). We know that you and your administration do not care about the underprivileged and destitute, he remarked.

Continuing his attack on the prime minister, Kharge said, PM’s ‘suit-boot ki sarkar’ works for the corporates whose taxes you reduced while the salaried class pays higher taxes. The poor pay GST even on food and salt and the rich corporate claim GST refunds. That is why, when we talk of inequality between the rich and the poor, you are purposely equating it with Hindu and Muslim.

Following the criticisms made by the prime ministers in their recent election speeches, Kharge has responded. Modi has not held back when criticizing the main opposition party at his rallies, accusing them of scheming to redistributing assets and referring to the Congress manifesto as a “imprint of the Muslim League.

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2024 Lok Sabha Elections

Bollywood actor Neha Sharma campaigns for her father Ajit Sharma in Bhagalpur, Bihar

The Bollywood actor posted a video on her Instagram handle which showed her journey through various districts of Bihar, including Kishanganj, Banka, Purnea and Katihar. She was dressed in a traditional salwar kameez and was seen greeting and encouraging the public to cast their votes.

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Bollywood actor Neha Sharma’s recent participation in a roadshow in Bihar has taken the internet by storm. Sharma, known for her roles in films like Tum Bin 2 and Crook, was seen supporting her father, Ajit Sharma, who is contesting from Bhagalpur Lok Sabha seat on a Congress ticket. The roadshow came amid speculations that the actor might enter politics. But, it is now clear that she was just campaigning for her father.

neha sharma

The Bollywood actor posted a video on her Instagram handle which showed her journey through various districts of Bihar, including Kishanganj, Banka, Purnea and Katihar. She was dressed in a traditional salwar kameez and was seen greeting and encouraging the public to cast their votes.

The actor received a warm reception and love from a large crowd in Pirpainti and Kahalgaon during her roadshow. She wrote on Instagram that it is said when someone gives one a place in their heart, then they live there forever. She said her heart is full of all the love and support she was receiving from the people. She thanked the people for the warm welcome she got in Pirpainti and Kahalgaon. Aapka pyar sar ankhon par.

Another video, circulating on social media showed the actor actively participating in her father’s election campaign in Bhagalpur. The election to the Bhagalpur Lok Sabha seat is set to take place in the 2nd phase on April 26. Ajit Sharma is representing the Congress and is up against JDU’s Ajay Kumar Mandal in this seat.

Earlier, there had been rumours and speculations that Neha Sharma might join politics. But many reports have clarified that she is not making her political debut yet. The Bollywood actor had been offered the opportunity to join politics by her father Ajjit Sharma but she is currently focusing on her acting career.

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