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Punjab Cabinet Seeks Hold on Justice Ashwani Kumar Mishra’s Appointment as HC Chief Justice, Cites Procedural Violation

Chandigarh, September 6, 2026 (Yes Punjab News)

The Punjab Cabinet, chaired by Chief Minister Bhagwant Singh Mann, on Sunday passed a resolution seeking a hold on the appointment and swearing-in of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court until the state government’s views are obtained and considered.

The Cabinet alleged that the BJP-led Central government bypassed the prescribed procedure by notifying the appointment without awaiting Punjab’s response, and termed the move a violation of the Memorandum of Procedure (MoP) governing the appointment and transfer of Chief Justices and judges of High Courts.

Taking to X, Mann accused the Centre of repeatedly undermining Punjab’s rights and said the state government would not accept what he described as interference in judicial appointments.

“Appointing the new Chief Justice of the Punjab and Haryana High Court without obtaining the consent of the State Government is a direct violation of the prescribed procedures (Memorandum of Procedure) and constitutional norms,” Mann said.

He also referred to issues including the alleged withholding of more than Rs 9,000 crore in Rural Development Fund (RDF) dues, changes to Bhakra Beas Management Board (BBMB) rules and the Centre’s proposed centralisation of Punjab University.

According to the Chief Minister’s Office, the Cabinet has also objected to the Centre’s handling of flood relief funds. It said that although a Rs 1,600-crore relief package was announced by Prime Minister Narendra Modi after the devastating floods of 2025, no amount had been disbursed to Punjab so far.

On the judicial appointment, the Cabinet referred to the September 5 notification appointing Justice Mishra as Chief Justice of the Punjab and Haryana High Court. Justice Mishra, who was serving as Acting Chief Justice, had been recommended for the post by the Supreme Court Collegium in its August 6 minutes.

The state government said it received a letter from Minister of State for Law and Justice Arjun Ram Meghwal on August 12 seeking Punjab’s views under Para 6 of the MoP.

The Cabinet said Para 6 requires the Union Law Minister to obtain the views of the concerned state government after receiving the Chief Justice of India’s recommendation. The proposal is then to be submitted to the Prime Minister, who advises the President on the appointment.

The Punjab government contended that the Centre notified the appointment without waiting for its response and noted that the MoP does not prescribe a specific deadline for the state and Governor to communicate their views in such appointments.

The Cabinet also cited the 2024 case of Justice Gurmeet Singh Sandhawalia, saying his proposed appointment as Chief Justice of the Madhya Pradesh High Court was not notified for more than two months while the state’s response was awaited. The proposal was subsequently changed to the Himachal Pradesh High Court, which Punjab said raised concerns about differential treatment.

The Cabinet maintained that the appointment and administration of oath of Justice Mishra should remain on hold until Punjab’s views are obtained and duly considered, after which the process should proceed in accordance with the prescribed MoP.

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