Tankha writes to law min over MPHC chief justice

Jabalpur/Bhopal: In a letter to the union law minister Ravi Shankar Prasad, Rajya Sabha MP and senior advocate Vivek Krishna Tankha has urged him to appoint the MP high court chief justice as recommended by the collegium, or else present valid reasons for not going by the same.

“A glaring case of government’s contumacy is in ignoring or not responding to the collegium recommendation dated May 10, 2019 in respect of Justice AK Kureshi of Bombay high court to be appointed as chief justice of Madhya Pradesh high court. The collegium gave its recommendation in the following words, ‘Having regards to all relevant factors, the collegium is of the considered view that Justice AA Kureshi is suitable in all respects for being appointed as chief justice of Madhya Pradesh high court. The collegium resolves to recommend accordingly”.

“No valid explanation has been forthcoming from the ministry for withholding the recommendation of Justice AA Kureshi. This compounds the issue of primacy of collegium which is the law declared by the Supreme Court in the NJAC judgment. Withholding of the recommendation of the collegium for nearly two long months erodes the confidence of the people in the working of the collegium system. More so, when it is done in a case of a judge whose track record is vouched for in the legal fraternity”, he has written in the letter.

Tankha urged the government “to either respect the decision of the collegium and to complete the process of appointment or if it has valid reasons, it should present the reasons to the collegium for its consideration. Judicial independence is an inherent facet of our republic which needs to be preserved at any cost”.


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