Tribune News Service
New Delhi, July 22
The Supreme Court today asked the government to respond in two weeks to a petition accusing it of deliberately sitting over the collegium recommendation to appoint Justice Akil A Kureshi of the Bombay High Court as Chief Justice of the Madhya Pradesh High Court.
A Bench headed by Chief Justice of India Ranjan Gogoi gave time till August 2 to the Centre after Solicitor General Tushar Mehta sought time, saying the file was still under consideration.
On behalf of petitioner Gujarat High Court Advocates’ Association, senior counsel Fali Nariman contended the government should act as a “distinguished communicator” and that it could not resort to “deliberate inaction” on a recommendation made by the SC collegium more than two months ago.
The Centre should clarify if it had sought any feedback from the Madhya Pradesh Government, Nariman said. He cited the Memorandum of Procedure (MoP) to emphasise that the government could not sit over the collegium’s recommendation.
The SC had on July 15 agreed to hear the Gujarat High Court Advocates’ Association’s plea questioning inordinate delay in appointment of Justice Kureshi as Chief Justice of Madhya Pradesh High Court despite recommendation by the collegium.
It had directed that a copy of the petition be served on Solicitor General Thushar Mehta who will act as amicus curiae and posted the matter for hearing on July 22.
The association had on July 3 moved the apex court accusing the Centre of deliberately sitting over the collegium’s recommendation for Justice Kureshi’s appointment as Madhya Pradesh High Court Chief Justice.
The Centra; Government cleared the appointment of Chief Justices of other high courts, the recommendation of which was made by the three-member apex court collegium before the summer vacation, but didn’t clear the file for appointment of Justice Kureshi as the Chief Justice.
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