The Supreme Court on Monday said that the Collegium has taken a decision on the controversial issue regarding the elevation of Justice Akil Kureshi as High Court Chief Justice.
The decision will be uploaded in the website in a day or two, added the CJI-led bench. The bench, also comprising Justices Bobde and Abdul Nazeer, was hearing the petition filed by Gujarat High Court Advocates Association.
On September 5, the Collegium had discussed the issue in the light of the communication sent by the Ministry of Law and Justice on the proposal.
The petition filed by GHCAA seeks to direct the Centre to act on the May 10 recommendation made by Collegium to appoint Justice Kureshi as CJ of Madhya Pradesh HC. The Centre's selective neglect of Justice Kureshi's file is sought to be highlighted in the petition by pointing out that it has cleared 18 files of judicial appointments after May 10. The Association alleged that the Centre was sleeping over the SC collegium's proposal to make Justice Kureshi the CJ of MP HC.
Justice Kureshi's proposal was made by the SC collegium on May 10 to fill the vacancy created by the retirement of the former CJ of MP HC Justice S K Seth.
Although another proposal made by the Collegium on the same day - that of Justice D N Patel's appointment as Delhi High Court Chief Justice - was notified by the Centre within two weeks, Justice Kureshi's file has been kept pending. Meanwhile, Centre notified the appointment of Justice Ravi Shanker Jha as the Acting CJ of MP HC on June 7.
On June 25, the Association had passed a resolution approving the decision to approach SC through writ petition to challenge what it believes to be "purposeful holding back " of approval of Justice Kureshi's appointment.
The resolution came after Senior Advocate Yatin Oza, the President of the Association, informed the association members that the Union Law Minister Ravi Shankar Prasad was not willing to meet a delegation of Gujarat lawyers to discuss the subject.
Justice Kureshi, a senior judge of the Gujarat High Court, was transferred to Bombay High Court last October, amidst protests from the GHCAA.