Justice Kureshi: An 'upright judge's' journey ends in HC
Many observers feel that Justice Akil Kureshi should have had a place in the Supreme Court, but "grotesque meddling" by the Union government meant that he retired as CJ of Rajasthan High Court
On March 6, Justice Akil Kureshi retired as Chief Justice of the Rajasthan High Court, bringing to an end his journey in the legal profession that began 18 years ago.
Many observers strongly felt that owing to his seniority, integrity and impeccable track record, Justice Kureshi should have been elevated to the Supreme Court. However, it was not to be.
His departure from the Bar without setting foot in the halls of India's top court reflected poorly on the "independence of the judiciary" and betrayed "grotesque meddling" by the Union government.
For about two years, the Supreme Court witnessed an impasse over the appointment of judges, and at the heart of this matter was none other than Justice Kureshi.
Justice Rohinton F Nariman, a senior member of the Collegium (a body of five senior-most judges in the Supreme Court), insisted on Justice Kureshi's elevation to the apex court. The Collegium wasn't in favour of the move, which led to the deadlock.
The stalemate ended when Justice Nariman retired on August 12, 2021.
A few days after his retirement, the Collegium recommended the appointment of nine judges in one go. The Modi government, apparently not so keen on his name, readily accepted all the recommendations, paving the way for the appointment of three female judges including the first future woman Chief Justice of India.
Some felt that the Modi government didn't want to see Justice Kureshi in the Supreme Court. And there were reasons for this.
In 2010, he had allowed a two-day CBI custody of the then Gujarat minister and current Union Home Minister Amit Shah in the Sohrabuddin Sheikh encounter case.
In 2011, he also approved the appointment of former High Court judge Justice R A Mehta as Gujarat Lokayukta, despite fierce opposition by then Chief Minister Narendra Modi.
Recalling his association with Justice Kureshi as a lawyer and a judge, senior advocate and Gujarat High Court Bar leader Yatin Oza said, "I found him to be a completely independent, absolutely honest and upright judge. It is the misfortune of this country that he retired as Chief Justice (of the HC) and couldn't be elevated to the Supreme Court."
"Speaking for myself, I have lost complete faith in the Collegium system," he said.
From Mathematics to law
Born in 1960, Justice Kureshi's father, Hamid Kureshi, was a Gandhian and a well-known lawyer in Ahmedabad.
The senior Kureshi thought his son would be happier pursuing his favourite subject, Mathematics. But Justice Kureshi had other ideas and followed in his father's footsteps.
Justice Kureshi graduated with a Bachelor's in Mathematics but had a change of heart and switched to law, securing his LL.B degree in 1983. He started practising immediately.
It was then Chief Justice of India V N Khare who approved the elevation of Justice Kureshi to the Bar after practising as a lawyer in the Gujarat High Court for about two decades.
After serving in the Gujarat HC for 14 years, he was transferred to the Bombay High Court, just before he was supposed to become the Chief Justice.
On May 10, 2019, the Collegium recommended him to head the Madhya Pradesh High Court but this was objected to by the Union government. The Collegium, on reconsideration, transferred him to the smaller Tripura High Court where he served as Chief Justice for 23 months.
On October 12, 2021, he was again transferred to the Rajasthan High Court as Chief Justice where he superannuated on March 6.
'Negative perception'
Justice Kureshi said the Collegium had changed its recommendation for his appointment as Chief Justice of Madhya Pradesh HC on the basis of "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 citizens, I consider it a certificate of independence," he said.
However, he was more worried about the message the move sent on the independence of the judiciary.
"What is of greater significance to me is what was the perception of the judiciary, which I have not been officially communicated," he added.
Looking back at his long innings in the Bar, Justice Kureshi said he had no regrets. "I leave with my pride intact that I made no decision based on its consequences for me," he said.
For those who felt he should have made more progress in the judiciary, he cited the example of Justice H R Khanna, remembered as the lone dissenting voice in the ADM Jabalpur case.
"So far, there have been 48 Chief Justices of India but when we talk of courage, the sacrifice to uphold the rights of the citizens, we remember one who should have but never did become Chief Justice of India," he said in his farewell speech.
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