New Delhi : Chief Justice Akil Kureshi, Senior most Judge & the ablest & Most independent Judge Retired Yesterday.
In his Fairwell Address, Chief Justice Akhil Kureshi said: “Recently a former Chief Justice of India has written his biography. I have not read it but going by the media reports, he has made certain disclosures.
Regarding changing my recommendation for Chief Justice of Madhya Pradesh High Court to Tripura High Court, it is stated that the government had some negative perceptions about me based on my judicial opinions. As a judge of the constitutional court whose most primary duty is to protect the fundamental and human rights of the citizens, I consider it a certificate of independence.”
What is of greater significance to me is what was the perception of the judiciary,” Justice Kureshi added. The statement underlined that the Supreme Court collegium did not refute the government’s “perception” and withdrew its recommendation appointing Justice Kureshi as Madhya Pradesh HC Chief Justice.
Though Justice Kureshi did not name the CJI, he was referring to former Chief Justice of India Ranjan Gogoi’s autobiography Justice for the Judge which was released in December.
Justice Kureshi’s stint as a judge began in 2004 — after almost 20 years at the Bar — when he was appointed Additional Judge of the Gujarat High Court. He became a permanent Judge in 2005.As per the convention of seniority, he was expected to become acting Chief Justice of the Gujarat HC when the post fell vacant in November 2018. But the government, in a notification, appointed his junior, Justice A Dave, instead. After protests from the Bar, the notification was withdrawn and Kureshi was transferred to the Bombay High Court, where he would be fifth in seniority. In May 2019, the government sent back the Collegium’s recommendation to appoint him as Chief Justice of the Madhya Pradesh High Court instead.
He eventually took oath as Chief Justice of the High Court of Tripura in November 2019, and as the Chief Justice of the Rajasthan High Court in October 2021.
HomeCitiesJaipurGovt’s negative perception is stamp of my independence, says CJ KureshiGovt’s negative perception is stamp of my independence, says CJ Kureshi
Written by Hamza Khan | Jaipur |Updated: March 6, 2022 10:09:06 am
Justice Akil Kureshi.Justice Kureshi made the remark referring to some observations made by a former chief justice of India in his biography, explaining why the Rajasthan CJ’s recommendations on the appointment of the CJs of the Madhya Pradesh and Tripura high courts were rejected.
Bidding an emotional farewell, Rajasthan High Court’s outgoing Chief Justice Akil Kureshi Saturday said he considers the “government’s negative perception” of him a certificate of independence, and that he leaves with his “pride intact” and “conscience clear”.
As Justice Kureshi demits office, Justice Manindra Mohan Shrivastava, the most senior judge of the Rajasthan High Court, will take charge as Acting Chief Justice from Monday.
In his address, Chief Justice Kureshi said: “Recently a former Chief Justice of India has written his biography. I have not read it but going by the media reports, he has made certain disclosures. Regarding changing my recommendation for Chief Justice of Madhya Pradesh High Court to Tripura High Court, it is stated that the government had some negative perceptions about me based on my judicial opinions. As a judge of the constitutional court whose most primary duty is to protect the fundamental and human rights of the citizens, I consider it a certificate of independence.”
“What is of greater significance to me is what was the perception of the judiciary,” Justice Kureshi added. The statement underlined that the Supreme Court collegium did not refute the government’s “perception” and withdrew its recommendation appointing Justice Kureshi as Madhya Pradesh HC Chief Justice.
Though Justice Kureshi did not name the CJI, he was referring to former Chief Justice of India Ranjan Gogoi’s autobiography Justice for the Judge which was released in December.
Justice Kureshi’s stint as a judge began in 2004 — after almost 20 years at the Bar — when he was appointed Additional Judge of the Gujarat High Court. He became a permanent Judge in 2005.
As per the convention of seniority, he was expected to become acting Chief Justice of the Gujarat HC when the post fell vacant in November 2018. But the government, in a notification, appointed his junior, Justice A Dave, instead. After protests from the Bar, the notification was withdrawn and Kureshi was transferred to the Bombay High Court, where he would be fifth in seniority. In May 2019, the government sent back the Collegium’s recommendation to appoint him as Chief Justice of the Madhya Pradesh High Court instead.
He eventually took oath as Chief Justice of the High Court of Tripura in November 2019, and as the Chief Justice of the Rajasthan High Court in October 2021.
One of the reasons for the two-year impasse over appointment of judges to the top court is said to have been the Collegium not including Justice Kureshi’s name for elevation — despite him being No. 2 in the all-India seniority list for high court judges at the time of his stint in Tripura.
During his time in the Gujarat High Court, Justice Kureshi had given two important verdicts. In 2010, he set aside a trial court order and granted the CBI two-day custody of then Gujarat Home Minister and now Union Home Minister Amit Shah in the Sohrabuddin Sheikh encounter case. (In 2014, Shah was cleared in the case by a Special CBI Court.)
In 2011, a Bench headed by Justice Kureshi upheld the then Gujarat Governor Kamla Beniwal’s decision to appoint former High Court judge R A Mehta as the state’s Lokayukta. It had been opposed by CM Modi.
He said he had been absent from family duties and several occasions over the last 18 years on account of court work, and that his family had covered for him. “They performed the duties which I should have…In trying to be faithful to my oath, I have done injustice to them (family)” he said, taking off his glasses and dabbing his eyes with a kerchief some moments later.
