Bench clean-up with forced transfer of 20 HC judges; More on Kapadia’s hitlist?

Sunday, 12 September 2010 By Legally India Bar, Bench & Litigation

Chief Justice of India (CJI) S H Kapadia has initiated the transfer of 20 high court judges, citing “public interest” in an apparent first step by him to clean up the judiciary.

Kapadia together with the Supreme Court Collegium of four other senior-most judges seem to have made a decision to transfer judges in 20 cases. The collegium has written letters to high court judges asking where they would like to be transferred to or in the case of chief justices whether they had any objections to the transfers, according to a number of media reports over the weekend.

According to the Hindustan Times, three judges each from Allahabad, Punjab & Haryana and Rajasthan high courts, two each from Delhi, Andhra Pradesh and Tamil Nadu high courts and several judges from Orissa and Assam high courts were requested to transfer.

However, Legally India understands from one source familiar with the development that Kapadia may have already drawn up a list that is several times longer than 20 judges and that also includes judges at lower courts and across India.

Kapadia’s appointment as CJI was announced only in April.

In May Kapadia chose to forego his two-month summer holiday as CJI-designate to travel across India and visit local courts and “to know firsthand the problems you are facing”, as re-reported by Legally India at the time.

The Hindustan Times reported that “lawyers’ bodies of some states have questioned the move saying if judges were being transferred merely on the basis of complaints against them (which have not been investigated) some upright judges were also likely to be affected”.

Karnataka Chief Justice P D Dinakaran was transferred to the Sikkim High Court in August 2010 following charges of corruption and impeachment proceedings against him.

Update 13 September: Three judges from Punjab & Haryana have apparently agreed to be transferred, reported the Indian Express today.

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Comments

Anonymous guest 13 Sept 2010, 14:12

+0 -0

In the present circumstances and the judicial set up, what is being done in public interest, may be a good step. But transfer is dependent on the will of the CJ and the concerned Judge. What happens, if both declined to accept? What happens if the government feels it is not in public interest? What happens, if the bar objects?
Why not have a clear cut law, authorising the Collegium to remove a defaulting judge? Keeping in view the changed circumstances, may we request the SC to review/revisit its current system of appointment only and either take over the responsibility of removal as well or constitute National and State Judicial Councils involving legislature, executive and judiciary, bar included. Such systems are working successfully in other countries. Why can't it work in India? Judiciary is the last hope of the litigants. We want independent, but not untransparent and unaccountable judiciary. In case SC fails to act, then Parliament is requested to step in.

Anonymous guest 13 Sept 2010, 16:36

It seems the Judges that are being transferred were in the watchlist for some time. At least in respect of a couple of High Courts. Significant number of judgments delivered by the judges "listed for transfer" of those High Courts appeared too vulnerable to being set aside by the Apex Court. Also not to speak of the role played by the kith and kin of such Judges. Not surprising that Hon'ble CJI has listed such names - at the same time being considerate enough not to give any reasons for such transfer. However, what is surprising is the opposition by members of the Bar to such transfers. At least this will cause the Judges to understand that their acts of omission and commission is being watched. Will immensely help the judiciary and confidence of the litigant public.

Anonymous guest 13 Sept 2010, 19:43

"want independent, but not untransparent and unaccountable judiciary."

Ok. I will do so.

Anonymous guest 13 Sept 2010, 19:55

The transfer of judges of various High Courts by the Apex Court Collegium is one of the steps in right direction towards judicial reform. The move must not be seen as taken arbitrarily or for the sake of ego of someone.It also must not be read as punishment for someone.On the other hand ,such transfer shall also by made by doing a comprehensive performane appraisal of the various judges in the High Courts by not only evaluating the nos. of cases disposed off by them but, also the quality of judgement delivered in such judgements.

Anonymous guest 13 Sept 2010, 20:15

The corrupt ones should be hanged.

Anonymous guest 13 Sept 2010, 23:56

this mass transfer is not entirely a sound idea. while transfer is good to school judges who are sometimes errant, good judges may also fall victims to such a practice. Some unsrupulous advocates may try to create a false issue with regard to some upright and honest judge for whom they have personal grudge and create some false issue or the other and blow something out of proportion to get him transferred to some other court. Transfers should be based on concrete information and not on hearsay as the same would be counter- productive.

Anonymous guest 14 Sept 2010, 03:43

not only judges also the law minister should be thrown out. this report confirms that moily is one of the ministers that MMS wants replaced by a younger person.

http://www.dnaindia.com/india/report_pm-manmohan-singh-has-to-wait-to-infuse-fresh-blood-in-council-of-ministers_1436534

moily is a big obstacle in the govt's plan to attract $50 billion FDI by 2013. unfortunately MMS cannot do anything because the italian lady runs india by remote control

Anonymous guest 15 Sept 2010, 04:51

@
John,

You are suggesting judges needs to be transferred on some concrete information, From your comment I understand there needs to be a proof for a judge to be transferred, if that is the case, do you think the judges with such high intellect are fools to leave proofs for the dishonestly they are committing.... A judges dishonestly can only be figured out by going through the orders delivered by them. The judges that has been transferred presently for public interest has not just been transferred for one or two complaints against them, they had been transferred after complaints have been dropping against them years after years

Anonymous guest 15 Sept 2010, 21:02

@ #8 and John
If there is proof they should be impeached and not transfered.

Anonymous guest 17 Sept 2010, 07:44

Well the transfer cannot be a solution. Do you think a corrupt judge will not be corrupt in another state. As rightly pointed out by john, there are numerous examples where a judge may be maligned by some persons having vested interest. If there is a proof or the judge is being watched, then the CJI should take up the matter to its logical conclusion. Also, the list of 20 contains some judges who are being transferred because their kith and kin are practicing in the same court. If that is the reason then a uniform policy should be followed for all judges. In fact, that is why there has been a hue and cry in some high courts.

Anonymous guest 18 Sept 2010, 02:59

Did a nice job.

advrajivpatil 20 Sept 2010, 13:03

Till date transfer policy has not proved anything. It is always treated as measure of punishment to those who are not appreciated by collegium. It is not known who, when, why.

Anonymous guest 20 Sept 2010, 23:42

To add to the story above, Justice Mohite of the Bombay High Court has resigned following his transfer by the CJI of the Bombay High Court, who apparently ordered his transfer on grounds of "public interest"...although not sure whether he is part of the Kapadia's hit-list

Anonymous guest 23 Sept 2010, 03:54

cleaning up judiciary...sir its impossible task. i'll take example of rajasthan. three rajsthan background judges are in sc. justice [D]'s father's office at jodhpur is run by one [B] and one [T].now this [T]'s son has come to do practice in sc and because of [D] he is minting money-one farm house in [M] one house in [LN] other buying in south ex. his total standing is not even 7 yrs!!!

now this [D]'s brother in law [P] is made senior advocate, who doesnt evn have 5 briefs!!! of his own no juniors!! WoW!!! now the modus operendi is [P] is getting engaged as senior in [S]'s court and gets order whatever the case may be. this is in return to the favour done by relative of [P] and [D] justice [R] in making [S]'s brother ms [S] mint money in jodhpur.
this [R]'s son [V] used to take huge briefs in name of his father used to get them listed as proxies before justice [B] gets order. that is how [B] after retirement got job with ernest and young. today [V] his brother in law [M] (brother of [P] are without any work) now all efforts are to elevate [M] as judge of raj hc followed by [V] and again [?] willflourish

Anonymous guest 25 Sept 2010, 20:26

This is a bold move taken by the Chief Justice of India because as compared to other CJI are reported to be corrupt. He must execute the orders forthwith and not give those transferred to manipulate as the collegium has given a thought to their decision.

Anonymous guest 25 Sept 2010, 20:30

HC Judges should be able to take up assignment anywhere. But by trasnfering a corrupt Jusge is he going to be clean on transfer?

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