Punjab Cabinet passes resolution objecting to Justice Ashwani Mishra’s elevation as High Court Chief Justice

The Punjab cabinet on Sunday passed a resolution objecting to the appointment of the new Chief Justice of the Punjab and Haryana High Court.

The Cabinet has appealed to the President, Prime Minister and Punjab Governor that the oath of office should not be administered to Justice Ashwani Kumar Mishra, who has been appointed the new Chief Justice, until the state government gives its consent.

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

The Cabinet resolution maintains that the state government should be consulted on matters having a bearing on the state’s constitutional and administrative interests.

Chief Minister Bhagwant Mann said, “The Centre has been denying the rights of Punjab. An important resolution has been passed unanimously against the violation of 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 the Centre has withheld Rs 9,000 crore as RDF funds; flood relief from the Centre has not been given, rules governing the Bhakra Beas Management Board have been changed and now there is a direct interference in judicial appointments. “This will not be tolerated. We demand that the appointment be stopped immediately and the Chief Justice appointed following the constitutional process,” he said.

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An emergency meeting of the cabinet was convened in the wake of the notification confirming the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court. Justice Mishra had been serving as the Acting Chief Justice of the High Court for the past few months.

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.

Finance Minister Harpal Cheema said. “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.

A Justice Mishra-led Bench last month had delivered the judgment in the DA case, directing the Punjab government to release the pending DA to its employees. The decision has put a burden of Rs 14,100 crore on the cash-strapped state and triggered unprecedented protests by government employees.

The Punjab government had not given its assent to Justice Mishra’s appointment as the regular Chief Justice. Despite this, the appointment was notified by the Centre on the recommendation of the Supreme Court Collegium.

Following the Supreme Court Collegium’s recommendation to appoint Justice Mishra as the regular Chief Justice, AAP chief Arvind Kejriwal took to social media on August 9 to allege that seniority was being overlooked.