With the Chief Justice of India, S.H. Kapadia being lauded for his bold move in the mass transfer of 20 judges in ‘public interest’, some questions have been raised regarding the manner in which the transfers have taken place. One such concern has been expressed by a member of the Bar Council of Rajasthan (BCR), S.K. Gupta. The Times of India reports that Gupta has written to the CJI seeking the names of the judges who might be transferred to the Rajasthan High Court.

In his letter, Gupta alleges that in the past, lack of transparency and knowledge have led to more harm than good to the state’s judiciary and said the ‘public interest’ reason must be made public in order to avoid confusion.

Punjab & Haryana High Court

Notwithstanding the BCR member’s reservations regarding the transfer process, the 3 judges of the Punjab & Haryana High Court whose names have been recommended for transfers have given their assent to be transferred to a different posting. Justices Ashutosh Mohunta, Vinod Kumar Sharma and H.S. Bhalla have written that they have “no objection” to their transfers, reports Express India. 

An official communication seeking their response to their transfers had been sent by them last week. It has been reported that out of the trio, one judge had said that it would be convenient if he could be transferred to a ‘Hindi speaking’ posting, but his request was turned down.

While Justice Mohunta is to be transferred to the Andhra Pradesh High Court, Justice Vinod Kumar Sharma and Justice H.S. Bhalla are likely to join Madras and Orissa High Courts, respectively.

Jammu & Kashmir High Court

The Hindu has reported on the musical chairs that is about to take place with the mass transfers that is recommended by the CJI. It reports that in a major reversal of the nearly two decades-old judicial transfer policy that the Chief Justice of a High Court must be from outside the State, the Supreme Court collegium has recommended that Nisar Ahmad Kakru, who hails from Jammu and Kashmir, be posted as Chief Justice of the Jammu and Kashmir High Court. Justice Kakru was made Chief Justice of the Andhra Pradesh High Court only in February. The present Chief Justice of the J&K High Court, Aftab Hussain Saikia, is being sent back to the Gauhati High Court as its Chief Justice. Justice Saikia belongs to Assam. Chief Justice of the Gauhati High Court Madan Lokur is being shifted to the Andhra Pradesh High Court.

Justice Soumitra Sen

It is interesting to note that the mass transfer has come in the shadow of the findings of the probe panel against tainted Calcutta High Court judge, Justice Soumitra Sen; the panel has found Justice Sen guilty of misappropriation of funds. Former CJI, K.G. Balakrishnan had recommended his impeachment.

Despite the probe panel submitting its report to the Rajya Sabha recommending the impeachment, Justice Sen has defended himself saying that his conscience is clear and that he will defend himself even in the Parliament if the need arises.

Justice Sen’s lawyer has criticised former CJI Balakrishnan saying that he should have distanced himself from the probe panel after he recommended Sen’s name for impeachment. Justice Balakrishnan had set up the probe panel. The lawyer also accuses Justice Balakrishnan of bias saying that both Justice Sen and Justice Nirmal Yadav had been the subject of the probe panel’s investigations and yet only Justice Sen was recommended for impeachment.