‘If needed, col­legium will dis­close rea­sons’

The Times of India (New Delhi edition) - - Times Na­tion -

In a state­ment, Supreme Court sec­re­tary gen­eral San­jeev S Kal­gaonkar said, “Each of the rec­om­men­da­tion for trans­fer was made for co­gent rea­sons af­ter com­ply­ing with the re­quired pro­ce­dure in the in­ter­est of bet­ter ad­min­is­tra­tion of jus­tice. Though it would not be in the in­ter­est of the in­sti­tu­tion to dis­close the rea­sons for the trans­fer, if found nec­es­sary, the col­legium will have no hes­i­ta­tion in dis­clos­ing the same.”

“Fur­ther, each of the rec­om­men­da­tion was made af­ter full and com­plete de­lib­er­a­tions and the same was unan­i­mously agreed upon by the col­legium (mem­bers).”

Jus­tice Tahilra­mani’s trans­fer was ne­ces­si­tated af­ter she trun­cated her work­ing hours in the HC. She told the me­dia that she did not wish to com­ment ei­ther on

her trans­fer or her sub­se­quent res­ig­na­tion.

In­ter­est­ingly, Jus­tice San­jay Ku­mar’s trans­fer from the Te­lan­gana HC to the Pun­jab & Haryana HC was re­quired to ease dif­fi­cul­ties faced by the Te­lan­gana HC on the ad­min­is­tra­tive side. The pro­posal to trans­fer Jus­tice Ku­mar was fi­nalised by the five-mem­ber col­legium af­ter it got his con­sent in ad­di­tion to two other SC judges, who were not part of the col­legium but were from the same state, sup­port­ing the trans­fer. It means this trans­fer had the ap­proval of seven SC judges, apart from Jus­tice Ku­mar’s con­sent.

In the case of Jus­tice Bhuyan, the col­legium had se­cured his agree­ment to the pro­posal to trans­fer him to the Bom­bay HC. Only af­ter ob­tain­ing his con­sent did the col­legium send the rec­om­men­da­tion.

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