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Previous year Justice Jayant Patel and now it is Justice Akil Abdulhamid Kureshi both had to face unexpected transfer orders, the reasons for which they are shrouded in mystery. They both belong to Gujarat High Court originally known for their bold orders, honesty and integrity. There are many instances of mysterious workings of collegium system, which were often appearing to be in sync with the agendas of the political executive.
Justice A.A Kureshi is the second senior judge of Gujarat HC, who would have made the Acting Chief Justice of the HC after the elevation of then CJ Subhash Reddy to SC.The transfer order notified by the Center on November 1 following the transfer he will take charge as number five judge of Bombay High Court.
The Gujarat bar strongly fells that this is hogwash for extraneous reasons. The Gujarat HCAA passed a unanimous resolution condemning the transfer. The unfortunate fact is that collegium wresting the power to transfer from the executive, it does not seem to be completely insulated from political pressures .Probably, it is time to revisit the opinions of Justice Bhagwati and untwalia regarding consensual transfers and rethink the policy imbibing the concerns expressed by them.
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