HC judges not being transferred, explain why: SC to Centre

THE SUPREME Court Monday asked the government to furnish a “plausible explanation” as to why chief justices and judges of high courts are not being transferred despite the recommendations of the collegium, and added that their continuance may give rise to “suspicion and misgivings”.

“There are proposals for transfer and appointment of judges. Tell us what is happening? If you don’t agree to the recommendation, send the files back. Files cannot languish like this. You have to have a plausible explanation for this delay,” a bench of outgoing Chief Justice T S Thakur and Justice D Y Chandrachud told Attorney General Mukul Rohatgi.

It told the AG that there was merit in the argument that if somebody continues in the same high court despite a recommendation by the collegium, there would be a perception that someone is protecting him.

“Continuance of judges in the same high courts despite being transferred is giving rise to speculation

The SC bench said the continuance of chief justices and judges of high courts, despite the recommendations of the collegium, may give rise to suspicion

and misgivings. If you (the Centre) have any problem with the recommendations then send it back to us. There is no point sitting over it,” said the bench.

Rohatgi said that he needed some time to take instructions on the pending recommendations of transfers and sought an adjournment of three weeks. About the 37 names reiterated by the collegium for appointment as high court judges despite the government’s objection, the AG said that the government was going through the recommendation.

The court then asked the government to file a status report in three weeks on the cases of transfers and appointments of judges. The bench was hearing a clutch of PILS over judicial appointments.