Transferred Madras HC Chief Justice Sanjib Banerjee refrains from taking up important case

Madras High Court Chief Justice Sanjib Banerjee, who has been transferred to Meghalaya High Court, refrained from hearing petition challenging the validity of Rule 29 (4) of the Copyright Rules, 2013 saying that a transferred judge hearing such important cases would go against Constitutional propriety (Next Radio Ltd and 2 ors v. Union of India)..Justice Banerjee, whose transfer to Meghalaya was notified on November 15, therefore, adjourned the petition filed by radio broadcaster Next Radio."It may not be within constitutional propriety for a judge under orders of transfer to take up a matter of this kind," he said..Rule 29 (4) pertains to information to be furnished to copyright owners prior to the broadcast of copyrighted musical works, literary works etc. as part of the process to obtain permission to broadcast such content.As per Rule 29, the information prescribed under Rule 29 (4) has to be furnished to the copyright holder five days before the proposed broadcast. The second proviso to Rule 29, however, permits broadcasters to furnish information within 24 hours after the broadcast as well, if unforseen circumstances arise (i.e it permits ex post facto notice as an exception to the Rule in unforseen circumstances).The High Court had issued notice on the petition in August and had also granted interim relief to the petitioner back then..When the matter was taken up on Tuesday, Justice Banerjee expressed his disinclination to take up the matter in view of his transfer.Advocate Bharath MS said:"I feel saddened to hear it, but I fully understand Your Lordship’s views. I can’t call it sentiments. I deeply appreciate. I am in Your Lordships hands," he said..The Supreme Court Collegium had recommended the transfer of Justice Banerjee to Meghalaya at a meeting held on September 16. It was cleared by the Centre on November 15. Justice Banerjee, who hails from the Calcutta High Court, enrolled as an advocate in the year 1990 and practiced mainly before the Calcutta High Court. He was appointed permanent judge of that High Court in 2006.He was appointed Chief Justice of Madras High Court in January 2021.Justice Banerjee's transfer has not been taken to kindly by the Bar which has alleged that he is being sent to a High Court of lesser prominence because of his rulings against various ruling dispensations.On Monday, advocates of the Madras High Court had staged a silent protest outside the Court seeking a review of the decision by the Supreme Court Collegium.Prior to that, at least 237 lawyers practicing before the Madras High Court wrote a letter to the five Supreme Court judges who make up the Collegium, registering their protest against its recommendation to transfer Madras High Court Chief Justice Sanjib Banerjee to the Meghalaya High Court..Read more about the petition here.