Punjab govt seeks stay on Justice Ashwani Kumar Mishra's appointment as HC Chief Justice

Punjab's Cabinet has asked the Centre to hold Justice Ashwani Kumar Mishra's appointment as Punjab and Haryana High Court Chief Justice. The move has widened Punjab's clash with the Centre, even as the SAD backed judicial independence and opposed the demand.

In Short

• State Cabinet said Punjab's views were ignored before the notification
• It asked that the oath-taking be stopped until consultation is completed
• Justice Mishra has been Acting Chief Justice since Sheel Nagu's elevation

The AAP-led Punjab government has escalated its confrontation with the BJP-led Centre, with the state Cabinet on Sunday demanding that the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court be put on hold.

The Cabinet has objected to the Centre notifying Justice Mishra’s appointment without first seeking the Punjab government’s views. It has also demanded that his oath-taking be stopped until the state’s opinion is obtained and considered.

Justice Mishra has been serving as the Acting Chief Justice of the Punjab and Haryana High Court since June 2, after then Chief Justice Sheel Nagu was elevated to the Supreme Court. The Supreme Court Collegium, headed by Chief Justice of India Surya Kant, recommended Mishra for the permanent post on August 6. The Centre notified his appointment on Saturday, September 5.

PUNJAB SAYS ITS VIEWS WERE NOT SOUGHT

After the Cabinet meeting, Chief Minister Bhagwant Mann said the appointment without consulting the state was a violation of the established process for appointing High Court Chief Justices.

Mann said Punjab would not accept what he described as continued interference by the Centre in matters concerning the state. He linked the latest dispute to other issues, including the withholding of around Rs 9,000 crore in Rural Development Fund (RDF), the state’s demand for flood relief and changes to rules governing the Bhakra Beas Management Board (BBMB).

The Cabinet resolution said Punjab’s views should have been sought before the appointment was notified. It called for the process to be reconsidered in accordance with the established procedure.

MINISTER ACCUSES CENTRE OF BYPASSING PROCESS

Punjab Finance Minister Harpal Singh Cheema also attacked the Centre over the appointment, saying the state government was not consulted.

Addressing a press conference in Jalandhar, Cheema said the established process requires the views of the state government and the Chief Minister to be considered before a High Court Chief Justice is appointed. The AAP government has maintained that it did not give its consent to Justice Mishra’s appointment.

RANDHAWA QUESTIONS TIMING OF MOVE

Congress leader Sukhjinder Singh Randhawa questioned the timing of the Punjab government’s objection to Justice Mishra’s elevation.

In a post on X, Randhawa pointed to a recent order by a bench headed by Justice Mishra concerning the payment of dearness allowance (DA) owed to Punjab government employees and expenditure on government advertising.

“The timing is telling,” Randhawa said, suggesting that the AAP government’s decision to oppose Justice Mishra’s elevation came days after the court’s order.

He questioned whether the government was objecting to the judge’s elevation because of an “inconvenient judicial order” and said this raised concerns over the independence of the judiciary.

Randhawa said the executive must respect the boundary between the government and the judiciary, stressing that judicial independence could not be treated as something a government could “grant or withdraw”.

SAD BACKS JUDICIAL INDEPENDENCE

Shiromani Akali Dal leader Daljit Singh Cheema criticised the Punjab government’s decision to challenge the appointment.

He said any attempt by an elected government to question or influence judicial appointments could undermine the independence of the judiciary and the separation of powers.

Daljit Cheema also targeted Chief Minister Bhagwant Mann over his criticism of the Centre, questioning the state government’s own autonomy and alleging that decisions in Punjab are influenced by the AAP leadership in Delhi.

The SAD said it supports an independent judiciary while opposing the Punjab government’s demand to halt the appointment.

- Ends