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Prakash Yedhula (Lawyer)     12 September 2010

CJI for transfer of HC judges in public interest

Chief Justice of India S H Kapadia has written letters to Chief Justices of all High Courts to work out the modalities for transferring some of the judges from the states. Highly placed sources said the development is at a nascent stage and the views of Chief Justices of High Courts have been sought as the transfer of judges has been contemplated in "public interest". "The entire exercise has been undertaken in public interest," the sources said but refused to give specific reasons as to why such a step was being taken. It is understood that the CJI may have taken the step in the wake of charges that have been made against some of the judges. The letter by CJI was written ten days ago in which he asked the Chief Justices to get response from the judges about the preference of the High Court where they would like to be transferred.i The sources said keeping in view the present composition of the judges in 21 High Courts, it has been decided to relocate around 20 judges. Information available suggest that there are three judges each from the Punjab and Haryana High Court and Madras High Court while two from the Delhi High Court whose names have been recommended for transfer. After getting the response of the High Court Chief Justices and judges, the Supreme Court collegium consisting of the CJI and four senior most judges will forward its recommendation to the Law Ministry. However, no specific time-frame has been stipulated for completing the job.

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 3 Replies

Kiran Kumar (Lawyer)     12 September 2010

Yes this development is there especially to transfer the Uncle judges.  In my opinion it should be a judicial policy that one who practices in a particular state shall not be appointed as a judge in the HC of same state.  The same principle shall apply to promoted judges also.  The kind of reputation the judiciary is holding today needs immediate steps to improve its reputation.

 

Due to recent scams and scandals in the judicial arena the public confidence in the judiciary is a bit low.  The whole appointment and transfer provisions needs a overhauling.

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Swayambhu Mishra (Practice)     12 September 2010

Lawyers in Orissa High Court are on "STRIKE" for a week because of the transfer of some very famous judges here. This shows that the Uncle Judges priciple has the support of the Bar as well. It is shameful for the Bar to show support to one or more Judges but in any way the truth is that for some pets of Judges, the whole bar has to tolerate cease work for a whole two weeks.

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 September 2010

What mere transfer of Chief Judges will do?


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