Justice Ashwani Kumar Mishra taking oath as Chief Justice of the Punjab and Haryana High Court.

Amid Punjab govt protest, Justice Ashwani Kumar Mishra takes oath as HC Chief Justice

Justice Ashwani Kumar Mishra took oath as Chief Justice of the Punjab and Haryana High Court on Monday. The swearing-in deepened a row, with Punjab alleging its views were ignored in the appointment process.

by · India Today

In Short

  • Justice Ashwani Kumar Mishra sworn in as Punjab and Haryana High Court Chief Justice
  • Punjab CM Bhagwant Mann skips oath ceremony, criticises Centre's decision
  • Punjab Cabinet passes resolution opposing oath administration until concerns addressed

Justice Ashwani Kumar Mishra was sworn in as the Chief Justice of the Punjab and Haryana High Court on Monday, after serving as acting chief justice since June. His appointment was formally notified by the Centre on Saturday, around a month after the Supreme Court Collegium recommended his elevation.

The swearing-in came amid objections from the Punjab government, which said the appointment was made without waiting for the state government's views and by bypassing constitutional norms and set procedures. Punjab Chief Minister Bhagwant Mann, whose government had opposed the appointment, did not attend the ceremony.

Punjab Governor Gulab Chand Kataria administered the oath to Justice Mishra at Lok Bhawan. The 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 KAP Sinha.

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

On Sunday evening, the Punjab Cabinet passed a resolution asking the Centre not to move forward with the administration of oath to Justice Mishra until the state government's concerns were adequately addressed. The Mann government had convened an emergency cabinet meeting over the Centre's decision.

In an official statement issued after the meeting, 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.

Mann also wrote separate letters to President Droupadi Murmu, Prime Minister Narendra Modi and Governor Kataria on the issue. The Punjab government said the appointment of Justice Mishra as chief justice of the high court was carried out without awaiting the state government's views.

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

Justice Mishra has now taken oath as Chief Justice of the Punjab and Haryana High Court even as the Punjab government continues to contest the process behind his appointment.

- Ends