The transfer of Gujarat High Court's senior most judge Akil Kureshi to Bombay High Court has raised a storm, with the Gujarat High Court Advocates' Association (GHCAA) likely to file a petition challenging the same. Notably, the Supreme Court collegium had recommended his transfer on October 29 and a final transfer order was issued in this regard on November 1, which provides that he must assume office at Bombay by November 15.

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GHCAA convened a special meeting on Thursday to take a call on the course of action against justice Kureshi's transfer. It was decided that all high court lawyers will go on indefinite strike to protest against the transfer starting Friday. As per the resolution of the lawyers' body, there was no reason for the transfer of justice Kureshi to Bombay where he will be the fifth senior most judge and is likely to retire without elevation as chief justice of any high court or as a judge of the Supreme Court.

The bar has also refused to accept the lame reason of "better administration of justice" as cited in the collegium's recommendation for the transfer. In fact, condemning the transfer, the association has selected five senior advocates—Mihir Thakore, Saurabh Soparkar, Deven Parikh, Shalin Mehta and Rashesh Sanjalwala—who will draft the petition and contend the matter in court. With chief justice R Subhash Reddy all set to take oath as a Supreme Court judge on Friday, justice Kureshi being the senior most judge was expected to be given charge as the acting chief justice. Instead, he was transferred to Bombay HC. Interestingly, justice Kureshi is considered as one of the finest judges of the Gujarat High Court and is known for his path-breaking judgments on law points which were challenged before the Supreme Court, only to be upheld by it. Many of his judgments also went against state government.

According to GHCAA president Yatin Oza, the next meeting of the bar will be held on November 20 to review the situation. He added that the bar unanimously recognises the integrity, honesty, legal acumen, and excellent court conduct and decorum of justice Kureshi and will fight tooth and nail against his transfer.

CJ R Subhash Reddy bids adieu

Chief justice R Subhash Reddy is all set to take oath as a Supreme Court judge on Friday after serving a tenure of over two-and-a-half years in Gujarat High Court. 

A full court reference was called on Thursday to bid farewell to justice Reddy. Justice Akil Kureshi during the reference said that the high court was devoid of a chief justice for nine months and after justice Reddy joined, he adopted a pragmatic approach in decision making to solve the issues affecting the functioning of courts. Justice Kureshi also candidly revealed that there were differences of opinions at times, but it did not affect their relationship at a personal level. Advocate general Kamal Trivedi credited the chief justice with reducing the pendency of cases from 22 lakh in January 2016 to 14.71 lakh in October 2018.

Justice AS Dave becomes acting CJ 

With justice R Subhash Reddy’s elevation to Supreme Court and justice Akil Kureshi’s transfer to Bombay High Court, justice AS Dave has been made the acting chief justice of the Gujarat High Court.

An official order in this regard was issued by the Ministry of Law and Justice on Thursday.