SC judges divided over proposed transfer of MP HC judge to Delhi
NEW DELHI: The proposed transfer of a judge from the high court of Madhya Pradesh to the Delhi high court has left the Supreme Court justices divided, and brought into question the collegium’s transfer policy.
According to people aware of the matter, a proposal to transfer justice Purushaindra Kumar Kaurav from Madhya Pradesh to the national capital is facing stiff opposition in the top court, particularly from judges whose parent high court was Delhi.
The proposal, which has been sent to the government for approval, includes objections to the recommendation recorded by three consultee Supreme Court judges in the form of a letter that flags a raft of issues with the transfer policy for high court judges.
Consultee judges are those in the top court who have earlier served in high courts where judges being considered for elevation or transfer are currently posted. Though the Supreme Court collegium that decides on matters of transfer includes the Chief Justice of India and the next two most senior judges, the convention is to take views of consultee judges for each decision.
People cited above told HT that one of the consultee judges penned down expostulations on behalf of three of the four justices with Delhi as their parent high court.
This letter highlighted how the Delhi high court has become one of the most sought-after high court for postings, and that several high court judges have been making requests to be shifted to the Capital.
The letter by the Supreme Court justice to the other members of the collegium contended that allowing indiscriminate transfers of judges from different high courts to Delhi could hamper not only the promotional avenues for the judicial offisupreme cers presently posted in Delhi, but also throttle opportunities for the lawyers practising before the Delhi courts to be appointed as judges to the Delhi high court.
The people cited above further said that the letter asserted that the proposed transfer (of justice Kaurav) does not fall under “better administration of justice” since the grounds of seeking the move are personal.
Underlining that the letter conveys the opinion of all the three Supreme Court judges whose parent HC is Delhi, the letter also sought withdrawal of the proposal to transfer justice Kaurav from the Madhya Pradesh where he was appointed only in October 2021.
It added that the objections to the proposed transfer are on principle, and on the rationale behind allowing such transfers while there are many judicial officers and practising lawyers in Delhi waiting for opportunities, as repeatedly demanded by the Court Bar Association (SCBA) and other lawyer bodies in the Capital.
When contacted, SCBA president and senior counsel Vikas Singh said he has also registered his objections to the judges from different high courts being transferred to Delhi.
“We have a large number of competent lawyers practising before the Supreme Court and the Delhi high court for several years. Why should their chances be ruined by getting judges from the other high courts to Delhi? This will be absolutely unfair to the lawyers in Delhi,” he said.
Singh added that SCBA has been repeatedly urging the collegium to consider practising lawyers to be appointed as judges in the Supreme Court, and that the Delhi high court and that neglecting able lawyers either by not appointing them or by getting judges from other high courts would be extremely discouraging.