CHANDIGARH, Sept 7: Justice Ashwani Kumar Mishra was sworn in as the Chief Justice of the Punjab and Haryana High Court on Monday, formally taking charge of the top judicial post after serving as the court’s acting chief justice since June.
Punjab Governor Gulab Chand Kataria administered the oath of office to Justice Mishra at a ceremony held at Lok Bhawan in Chandigarh.
The swearing-in was attended by Haryana Governor Ashim Kumar Ghosh, Haryana Chief Minister Nayab Singh Saini, Haryana Assembly Speaker Harvinder Kalyan, Akali MLA Ganieve Kaur Majithia and Punjab Chief Secretary K A P Sinha.
Punjab Chief Minister Bhagwant Mann, whose government had raised objections to Justice Mishra’s appointment, did not attend the ceremony.
Appointment follows Collegium recommendation
The Centre formally notified Justice Mishra’s appointment on Saturday, nearly a month after the Supreme Court Collegium recommended his elevation as chief justice of the high court.
Justice Mishra had been performing the duties of acting chief justice since June, pending the formal appointment.
The elevation, however, became the subject of a dispute between the Punjab government and the Centre over the process followed for the appointment.
Punjab government raises objections
The Punjab Cabinet on Sunday passed a resolution urging the Centre to defer Justice Mishra’s appointment and the oath-taking ceremony until the state government’s concerns were addressed.
The state government alleged that the appointment was processed without obtaining or adequately considering Punjab’s views, which it said amounted to bypassing constitutional norms and established procedures.
Mann also wrote separately to President Droupadi Murmu, Prime Minister Narendra Modi and Governor Gulab Chand Kataria, seeking consideration of the state’s objections.
The Punjab government convened an emergency Cabinet meeting on Sunday evening to discuss the issue.
Following the meeting, an official statement said the Cabinet wanted the appointment and administration of oath to be kept on hold until Punjab’s views were sought and duly considered.
The Cabinet also criticised what it described as another instance of the Centre allegedly bypassing the state’s constitutional rights and established procedures.
Centre’s representative rejects criticism
Additional Solicitor General of India Satya Pal Jain rejected the objections raised by the Punjab government, describing the controversy as “most unfortunate and totally uncalled for”.
Jain maintained that the state government had been given sufficient time to communicate its views regarding the appointment.
Despite the Punjab government’s objections, the Centre proceeded with the appointment, and Justice Mishra was formally sworn in as the Chief Justice of the Punjab and Haryana High Court on Monday.