Govt ignores collegium advice, picks Jha as MP CJ

New Delhi: The Centre has disregarded the collegium recommendation for the appointment of Justice Akil Kureshi as the Chief Justice of the Madhya Pradesh high court and instead appointed Justice Ravi Shanker Jha as the acting Chief Justice. Justice Jha will take over as the acting Chief Justice of Madhya Pradesh high court on June 10, after incumbent Chief Justice  Sanjay Kumar Seth relinquishes  office on June 9.

The notification issued on June 7 said that Justice Jha would perform the duties of the Chief Justice of the high court  from June 10, 2019, after incumbent  Chief Justice Seth  demits the office.  The top court collegium had on May 10, 2019, recommended the appointment of Justice  Kureshi as Chief Justice of the Madhya Pradesh HC. The collegium resolution read, “Justice Kureshi is suitable in all respects for being appointed  as Chief Justice of the Madhya Pradesh HC.

It is a not for the first time that Justice Kureshi has missed the chance to kiss the office of the Chief Justice of the High Court.  On an earlier occasion when the Chief Justice of Gujarat High Court Justice Ramayyagari Subhash Reddy was elevated to the Supreme Court, Justice Kureshi who was the senior most judge after him, but on the recommendation of the collegium, was transfered to Bombay High Court “in the interest of the better administration of Justice”.

While Justice Kureshi was transfered to Bombay High Court,  government appointed  Justice Anant Dave was appointed as acting Chief Justice  of Gujarat High Court to fill the slot vacated by Justice  Subhash Reddy upon his elevation to the top court.  

The sudden transfer of Justice Kureshi triggered protest in Gujarat bar  and 20 senior lawyers of Gujarat High Court wrote to the members of collegium  urging them to reconsider the decision to  transfer Justice Kureshi to Bombay High Court.

Describing  him as a formidable votary of the independence of judiciary and “well respected for his intellect  as well as for his dignified conduct”, the letter to the collegium members  said that he decided matters “Without fear or favour as indeed every judge must.”

Prior to Justice Kureshi, Justice K. M. Joseph - now the judge of Supreme Court - too was at the receiving end of the government which sat on the collegium recommendation transferring Justice Joseph as the Chief Justice of Andhra Pradesh High Court.

In the case of Justice Joseph he was already the Chief Justice of Uttrakhand High Court.