I Consider Union Government’s Negative Perception A Certificate Of Independence: Justice Akil Kureshi
(Judicial Quest News Network)
Chief Justice of Rajasthan High Court Justice Akil Kureshi in an emotional farewell speech said that he considers Central governments negative perception towards his judicial appointment order as a certificate of independence.
The Rajasthan High Court on Saturday bid farewell TO ITS Chief Justice Akil Kureshi who is stated to demit office on Saturday.
He said that he is leaving the Bench with his pride intact since he made all his judicial decisions without being swayed by its consequences.
Justice Kureshi’s non-elevation to the Supreme Court, despite being the senior most Chief Justice in the Country, has become a point of discussion among the legal fraternity, amid the wide spread perception that the Central Government is not in his favour due to certain orders passed by him against the ruling party during his stint as a judge of the Gujarat High Court.
While speaking about his tenure as a judge, he summed up that he had no regrets at all, as each of his decision was made on his legal understanding.
During his tenure as Gujarat High Court Judge, Justice Kureshi had in 2010 sent Amit Shah to police custody in the Sohrabuddin fake encounter case.
Disagreement within the five-members of the Collegium of the Supreme Court over elevating Chief Justice Kureshi before others has apparently stalled the process of appointing of new judges’
Earlier when the central government opposed the Supreme Court’s Collegium’s recommendation to appoint Justice Kureshi as the Chief Justice of Madhya Pradesh high court in 2019.This particular act of the Central Government is attributed to his decision in 2010, as a judge of Gujarat High Court to send Amit Shah, who had then quit as the minister for State for home in Gujarat, to police custody.
Justice Kureshi also referred to the some statements by former Chief Justice of India Ranjan Gogoi in his recently published Biography.
“Recently, a former Chief Justice of India has written his autobiography. I haven’t read it but going by the media reports he has made some disclosures. Regarding changing my recommendation for Chief Justice of Madhya Pradesh High Court to Chief Justice of Tripura High Court, it is stated that Government shad some negative perceptions about me based on judicial opinions. As a Judge of the constitutional court, whose most primary duty is to protect the fundamental and human rights of the citizen, I consider it a certificate of independence”.
What is of greater significance to me was the perception of the judiciary which I have not been officially communicated
Justice Kureshi had also delivered a judgement against the Gujarat Government in the Lok Ayukta appointment case. The state government had also sought the recusal of Justice Kureshi from hearing the criminal appeal of former Gujarat Minister Maya Kodnani in the Naroda padya Massacre which took place during 2002, Gujarat riots.
Justice Kureshi mentioned Justice HR Khanna, the one who was not made the Chief Justice of India for his dissent in the ADM Jabalpur case, as a shining example of courage.
Justice Kureshi also expressed concerns about the Supreme Court collegium refusing to accept the names proposed by the High Court collegium.
“It is surprising to advocates recommended by High Courts and being pruned heavily by Supreme Court. Whatever be reason for difference in perception between HC& SC be resolved or it will be difficult to persuade good advocates to join the Bench.
Justice Kureshi said that “I leave with my pride intact that I made no decision based on its consequences for me. Some people believe that I should have kneed for the progress. Well, it depends on what you might consider to be progress. The Support, love and affection that I have got from my lawyers and colleagues wherever I went far outweighs any perceptible progress. I would not barter this for anything.
When the exiting norms were ignored by the Central government twice in 2018, 2019, it triggered objections from the Bar, with Gujarat High Court Advocates Association filing petitions on both occasions before the Supreme Court regarding the same
