Punjab government opposes Justice Ashwani Kumar Mishra's elevation as High Court Chief Justice

CHANDIGARH: A row has erupted in Punjab over the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court, with the AAP-led Punjab government strongly opposing his elevation.

The state government accused the BJP-led Centre of muzzling Punjab’s federal and constitutional rights, alleging that the Centre bypassed mandatory consultation procedures and ignored the elected state government during the appointment process.

At an emergency meeting on Sunday evening, the Punjab Cabinet passed a resolution objecting to Justice Mishra’s appointment and appealed to the President, Prime Minister and Punjab Governor not to administer his oath of office until the state government gives its consent.

The Cabinet termed the appointment a direct violation of the prescribed Memorandum of Procedure (MoP) and constitutional norms.

The state government alleged that the Centre was “doing injustice to Punjab” by taking unilateral decisions on matters concerning the state.

The Cabinet resolution maintained that the state government should be consulted on matters having a bearing on its constitutional and administrative interests and expressed serious concern over what it described as the Centre’s continued encroachment on the rights and powers of the state.

Punjab Chief Minister Bhagwant Mann said the Union government had been denying Punjab its rights.

“An important resolution has been passed unanimously against the violation of the constitutional rights of the state government. The appointment of the new Chief Justice of the Punjab and Haryana High Court has been made without taking the consent and following the prescribed procedures. This is a direct violation of the Memorandum of Procedure and constitutional rules,” he said.

Mann said, “This will not be tolerated. We demand that the appointment be stopped immediately and the Chief Justice be appointed following the constitutional process.”

During the meeting, the Cabinet also raised several other issues concerning Punjab’s interests, including the withholding of around Rs 9,000 crore in Rural Development Fund (RDF), the flood relief package, changes to the rules governing the Bhakra Beas Management Board (BBMB), and what it described as direct interference in judicial appointments.

The meeting was held through video conferencing. Since most ministers were not in Chandigarh, they were asked to attend the meeting from the offices of deputy commissioners in their respective districts.

The Union government notified Justice Mishra’s appointment on Saturday, nearly a month after the Supreme Court Collegium recommended his elevation. Justice Mishra has been functioning as the Acting Chief Justice of the High Court since June.

The emergency Cabinet meeting assumes significance as the Punjab government had not conveyed its response to the Centre on the Collegium’s recommendation when the appointment was processed.

The Union Law Ministry had forwarded the recommendation to the state government for its comments, but Punjab was yet to communicate its views. Despite the state’s pending response, the Centre went ahead and announced the appointment.

Punjab Finance Minister Harpal Singh Cheema, addressing a press conference in Jalandhar earlier in the day, said the state government did not agree with the appointment process.

“All procedures for the appointment of the Chief Justice, as detailed in various letters, were ignored while notifying his appointment. The BJP is ignoring the Constitution to push its political agenda in Punjab,” Cheema said.

Justice Mishra-led bench last month delivered the judgment in the DA case, directing the Punjab government to release the pending dearness allowance (DA) to its employees. The decision placed a burden of Rs 14,100 crore on the cash-strapped state and triggered unprecedented protests by government employees.

Justice Mishra, who was transferred from the Allahabad High Court to the Punjab and Haryana High Court in July last year, took charge as Acting Chief Justice in June this year following the elevation of then Chief Justice Sheel Nagu to the Supreme Court.

Both the BJP and the Shiromani Akali Dal (SAD) criticised the AAP government over the issue.

Senior BJP leader and Additional Solicitor General of India Satya Pal Jain termed the controversy raised by the state government over Justice Mishra’s appointment as Chief Justice of the Punjab and Haryana High Court “most unfortunate and totally uncalled for”.

Jain said the views of the concerned state governments had been sought on the proposal. He said that, as required under the MoP, both the Punjab and Haryana governments were informed of the proposal concerning the Punjab and Haryana High Court and their views were sought on August 10.

Shiromani Akali Dal (SAD) leader Daljit Singh Cheema also criticised Punjab Chief Minister Bhagwant Mann over his objections to Justice Mishra’s appointment.

In a statement posted on social media, Cheema said the Chief Minister’s objections were “deeply concerning” and alleged that any attempt by the executive to question or influence judicial appointments could undermine judicial independence and the constitutional separation of powers.

Cheema claimed that the Punjab and Haryana High Court had delivered several judgments against the Punjab government and said matters involving alleged corruption in the highest offices were also reaching a crucial stage.

“At such a juncture, creating controversy around the judiciary raises serious questions about the government’s intentions,” Cheema said.