Transfer Justice Sanjay Yadav out of State, Madhya Pradesh Bar writes to CJI [Read Resolution]

Bar & Bench September 12 2019

Lawyers of the Madhya Pradesh Bar have written to the Chief Justice of India, Ranjan Gogoi, seeking the transfer of Justice Sanjay Yadav out of the State of Madhya Pradesh, citing continuous misbehaviour and likely clashes with the the members of the Bar.

In this regard, a resolution dated September 5 was passed following a joint meeting of the High Court Bar Association, the District Bar Association, the Madhya Pradesh High Court Advocates’ Bar Association (MPHCABA) and the Senior Bar Council.

The meeting was conducted in view of recent Supreme Court Collegium resolutions recommending the elevation of the two senior-most judges of the High Court i.e. the proposal to elevate Acting Chief Justice Ravi Shankar Jha as the next Chief Justice of the Punjab and Haryana High Court and, the proposal to appoint Justice JK Maheshwari as the first Chief Justice of the recently bifurcated Andhra Pradesh High Court.

Justice Sanjay Yadav is currently the third senior most judge of the Madhya Pradesh High Court (after Acting Chief Justice Jha and Justice Maheshwari). If the Collegium's proposals to elevate the two senior-most judges are notified by the Central Government, Justice Yadav would be next in line to assume lead administrative duties as the High Court's Acting Chief Justice at its principal Bench (Jabalpur).

Apprehending this development, lawyers of the Madhya Pradesh bar have passed a resolution expressing concerns that his likely posting at the principal Bench may regurgitate friction between the bar and the bench. The September 5 resolution, signed off by the MPHCABA President and Secretary, as well as the Secretary of the District Bar Association, states,

"... Hon. Shri Justice Sanjay Yadav’s presence at Jabalpur in his capacity as Administrative Judge/Acting Chief Justice shall be detrimental to the smooth functioning of the High Court and shall most positively derail the Justice dispensation process.

Hon. Shri Justice Sanjay Yadav due to his consistent and continuous misbehaviour with advocates has even controversies in the past, especially in Jabalpur. There have been abstentions and boycott of his lordship’s court on many an occasion. As Hon. Shri Justice Sanjay Yadav hails from Jabalpur, he has personal likes and dislikes towards counsels, which also is clearly reflected in his court conduct.

There were several complaints made earlier by individual advocates as well as Bar associations. In the past also his Lordship was transferred from the Principal Bench Jabalpur to the the Bench at Gwalior for the same reasons. The Bar Associations at Gwalior and Indore Benches of the High Court on many occasions have passed resolution seeking for transfer of Justice Shri Sanjay Yadav out of state.

Hon. Shri Justice Sanjay Yadav has a vindictive attitude and personality hostility with a number of practicing advocates at Jabalpur. A number of senior lawyers have stopped appearing in his court since long, some of them are/have been High Court Judges. The environment in his courtroom continuously remains charged and hostile and potentially heading to conflict on day to day basis."

In view of these concerns, the CJI and the Collegium has been urged to transfer Justice Yadav out of the State. As stated in the resolution,

"It would thus be in fitness of things that Hon. The Chief Justice of India and Hon. Members of the Collegium be apprised of this most volatile situations well in advance so that potential conflict between Bar and Bench be averted, by transferring Justice Sanjay Yadav, out of State, a situation that shall be beneficial to all concerned and most desirable for smooth functioning of the Administration of justice. "

[Read the Resolution]

MPHCABA resolution - justice sanjay yadav

 

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