New Delhi: The Supreme Court yesterday, during the hearing of a petition on Monday, said that the appointment and transfer of judges are decided under the judicial system. Therefore, it is not appropriate to interfere in any way. The Supreme Court was hearing a petition by the Gujarat High Court Bar Association involving the transfer of Justice Akil Qureshi. With this, the apex court has barred from hearing this petition till the notification of the Central Government.
A bench headed by Chief Justice Ranjan Gogoi said during the hearing of the petition that the appointment and transfer of judges are the basic processes of the judicial system. Judicial review is severely restricted in this. Therefore, no interference is appropriate. The Gujarat High Court Bar Association has asked the Supreme Court to direct the Central Government to accept the recommendations of the Collegium regarding the appointment of Justice Qureshi. It is worth noting that the collegium headed by the Chief Justice had earlier recommended the appointment of Justice Qureshi as the Chief Justice of the Madhya Pradesh High Court.
Following the government's objection, the order has been recommended to be changed and appointed as the Chief Justice of Tripura High Court. A bench of CJI, Justices SA Bobde and SA Nazir told counsel Arvind Datar, appearing on behalf of the association, that the petition would be heard after the Central Government issued a notification on the recommendation of the collegium to send Akil to the Tripura High Court. Yatin Ojha, president of the Gujarat High Court Bar Association, said the central government has attacked the independence and judicial system of the judiciary by appointing Justice Ravi Shankar as Chief Justice of Madhya Pradesh High Court instead of Qureshi despite the recommendation of the collegium.