Justice Ashwani Kumar Mishra sworn in as Punjab and Haryana HC Chief Justice

Justice Ashwani Kumar Mishra was sworn in as Chief Justice of the Punjab and Haryana High Court despite the Punjab government's objections. Governor Gulab Chand Kataria administered the oath, while Chief Minister Bhagwant Mann stayed away amid a Centre-state dispute over the appointment

Chandigarh: Justice Ashwani Kumar Mishra was sworn in as the Chief Justice of Punjab and Haryana High Court here on Monday, a day after the Mann government objected to his appointment and urged the Centre to stop the oath-taking ceremony.

Justice Mishra (57), who had been functioning as the acting chief justice of the high court since June, was administered oath by Punjab Governor Gulab Chand Kataria at the Lok Bhavan. The oath-taking ceremony 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. However, Punjab Chief Minister Bhagwant Mann was not present at the ceremony.

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In July last year, Justice Mishra was transferred from the Allahabad High Court to the Punjab and Haryana High Court. He assumed charge as Acting Chief Justice of the high court here on June 1 this year, following the elevation of Justice Sheel Nagu to the Supreme Court. The Centre notified Justice Mishra’s appointment on Saturday, about a month after the Supreme Court Collegium had recommended his elevation.

On Sunday, the Mann government convened an emergency meeting of the cabinet against the Centre’s decision. The state cabinet passed a resolution, asking the Centre not to move forward with the administration of oath to Justice Mishra till the state government’s concerns are adequately addressed. The Mann government claimed that the appointment of Mishra as the chief justice of the high court was done without awaiting the state government’s views bypassing Constitutional norms and set procedures.

Chief Minister Mann also wrote separate letters to President Droupadi Murmu, Prime Minister Narendra Modi and Punjab Governor Kataria in this regard. An official statement after the meeting of the state cabinet said it had resolved that the appointment and administration of oath should be put on hold until Punjab’s views are obtained and duly considered.

The cabinet strongly condemned “another instance” of the central government “bypassing” the state’s constitutional rights and established procedure, the statement said. The state government-Centre tussle over the issue came just a few months ahead of the Punjab Assembly elections, which are due early next year.

On Sunday, Additional Solicitor General of India, Satya Pal Jain, said the controversy raised by the Punjab government over the appointment is “most unfortunate and totally uncalled for”, and asserted that the state had sufficient time to send its views.

“On August 10, the proposal was sent to the Punjab governor and the Haryana governor for their views. The Haryana government and the Haryana governor conveyed their consent on August 12 and 13. The Punjab governor also gave his consent on August 13,” he had said.

But till date, the Punjab government has not submitted its views, he had said. Punjab Congress president Amrinder Singh Raja Warring condemned the AAP government for opposing the appointment of Justice Mishra. “This is quite unprecedented that a state government is objecting to and opposing the appointment of the chief justice of the state high court,” he said.

The AAP has achieved yet another dubious distinction of doing that, he remarked, asking “what does the AAP government want to convey with this stand?” He said this amounts to trying to challenge and undermine the independence of the judiciary, which is dangerous for freedom and democracy as an independent judiciary is the real protector of freedom and democracy against the forces like the AAP, which has set a record in abusing power.

“Does the AAP want a judiciary of its own choice?” he asked, while warning against such actions by the political executive against the judiciary. Born on November 16, 1968, Justice Mishra did BA (Honours) in Economics from Kirori Mal College, Delhi University. He did his LLB from the Campus Law Centre, Delhi University.

Justice Mishra enrolled as an advocate on May 8, 1993, and practised mainly on the civil, constitutional, and service side. He was engaged as arguing counsel for many statutory bodies including New Okhla Industrial Development Authority (NOIDA), Ghaziabad Development Authority, Allahabad Development Authority, IFFCO, Indian Oil Corporation, and the Uttar Pradesh Power Corporation. Justice Mishra was designated as a senior advocate in 2013. He took oath as additional judge on February 3, 2014, and as a permanent judge on February 1, 2016, at Allahabad High Court.