Justice Kureshi remarked in an emotional parting speech that he is leaving the bench with his honour intact since he made all of his judicial rulings without being influenced by the repercussions.
He may have given up his advancement in the process, but he stated that he would choose the love and support of the Bar over “progress.” “..
“Every decision I made was based on my legal knowledge. I depart with my pride intact, knowing that I did not make a decision based on its personal consequences. Some people say I should have worked more for the advancement. However, it is dependent on what you regard to be progress.
Wherever I went, the respect and affection I received from lawyers and coworkers greatly surpassed any discernible advancement. This is something I would not trade for anything. “If I ever had to choose between all of your affection and so-called advancement, I would gladly chose the former,” he choked out.
I depart with my pride intact, knowing that I did not make a decision based on its personal consequences.
Akil Kureshi is a judge.
He also alluded to media reports about former Chief Justice of India Ranjan Gogoi’s autobiography, according to which Justice Kureshi’s recommendation for transfer to the Madhya Pradesh High Court was later changed to the Tripura High Court due to the government’s negative perception of his judicial decisions.
“A former CJI has published his autobiography. Although I have not read it, media sources indicate that he has made significant disclosures. It is alleged that the government had an unfavourable perception of me based on my judicial opinions, which led to my suggestion being changed from Madhya Pradesh to Tripura. As a judge on a constitutional court whose principal responsibility is to preserve citizens’ fundamental and human rights, I regard it as a certificate of independence “he stated
“What was more important to me was the judiciary’s perception, which I had not been officially communicated,” he added.
“What was more important to me was the judiciary’s perception, which I had not been publicly informed of.”
Akil Kureshi is a judge.
Justice Kureshi summarised his service as a judge by saying that he had no regrets because every decision he made was based on his legal knowledge.
He also told the younger lawyers that success is sweeter when it comes from following the way less travelled.
“Failure that results from living by principles is more fulfilling than success based on compromises,” he remarked.
The term and transfers of Justice Akil Kureshi have been one of the most talked-about parts of the Collegium system in recent years.
Despite being one of the most senior High Court justices in the country, the Bar has repeatedly objected to the judge’s transfer and final denial of elevation to the Supreme Court.
When Justice Kureshi was poised to take over as Acting Chief Justice of the Gujarat High Court, his parent High Court, in 2018, he was transferred to the Bombay High Court.
The Supreme Court has elevated Justice R Subhash Reddy, the then Chief Justice of the Gujarat High Court.
The senior-most judge on the High Court would then become Acting Chief Justice until a new Chief Justice is chosen, as is customary.
The Supreme Court Collegium, however, recommended that Justice Kureshi be transferred to the Bombay High Court as a puisne judge in a resolution passed on October 29, 2018. Although the reasons for this suggestion were unclear, the Collegium resolution said that it was made “in the interest of greater justice administration.”
Within a few days, the Central government approved the resolution; his transfer was announced on November 1, and he was given till November 15 to take control of the Bombay High Court.
As a result, he will only serve as Acting Chief Justice of the Gujarat High Court for two weeks after Justice Reddy’s elevation to the Supreme Court.
The Centre, however, appeared to take issue with Justice Kureshi’s brief term, announcing that Justice AS Dave, the second most senior judge, would serve as Acting Chief Justice, after Justice Kureshi.
In fact, it appeared that this had defied all expectations. Even the Collegium expressed displeasure with it and informed the Centre. The Centre subsequently issued a new notification designating Justice Kureshi as Acting Chief Justice of the Gujarat High Court, albeit for only two weeks before he was sent to the Bombay High Court as a judge.
In May 2019, the Collegium recommended that Justice Kureshi, who was previously Chief Justice of the Bombay High Court, be appointed Chief Justice of the Madhya Pradesh High Court.
The central government took some time to consider the recommendation before returning Justice Kureshi’s file in August 2019.
On September 20, the Collegium caved in and changed its earlier resolution, appointing Justice Kureshi as Chief Justice of the Tripura High Court rather than the Madhya Pradesh High Court.
Both the 2018 and 2019 occurrences drew criticism from the legal profession, with the Gujarat High Court Advocates Association filing petitions before the Supreme Court on both occasions.
