Tuesday, January 26, 2016

The Bench & Transfers

January 2016 has seen a major reshuffle in the High Courts of India with chiefs of nearly 10 high courts changed without the elevation of any judge to the Supreme Court of India and as per sources some more transfers to follow by.
Starting from the nearest High court of Punjab and Haryana.  Their two senior most judges Justice S.K. Mittal being sent to Rajasthan High Court to preside as Chief Justice for Rajasthan. Justice Mittal, who was elevated as a judge in July 2002 is probably witnessing the first transfer of his tenure. 
Thereafter, Justice Mr. Hemant Gupta the second senior most judge of the High Court of Punjab and Haryana is now the Acting Chief justice of Patna High Court. As per court rumours the new ACJ will be promoted as the chief very soon. But, it is still unknown what has prevented the same now.
Moving forward, Justice Mr. Ajit Singh who was the acting Chief Justice of the Rajasthan High Court has got his new seat as the Chief Justice of the High Court of Gauhati. A wonderful place to spend time and that too in a dignified protocol. Another judge, the Chief Justice of Orissa High Court Justice Mr. D H Waghela has got a bigger High Court. He will now preside from the bench of High Court of Maharashtra (I fail to interpret this as an increment or a burden).  Allahabad, a major centre for bar and bench cannot be left untouched in this resettling, the senior most Judge Justice Mr. Vineet Saran has been moved to Orissa High Court as Chief Justice (It is rumoured that he was not sharing cordial relations with the his chief). Another senior judge of the Allahabad High Court Justice Mr. Dinesh Maheshwari has replaced Chief Justice of Meghalaya High court Justice Mr. U.N. Singh who got retired. Justice Mr. U.N. Singh (retd) was the senior judge in Lucknow bench of Allahabad High Court before being transferred as Chief to Meghalaya. Now, as per the sources he will preside in the State Human Rights Commission of Delhi. 

Acting Chief Justice, Justice Subhro Kamal Mukherjee of Karnataka High Court has been appointed chief justice of Karnataka High Court (???).  Lastly but not the least senior judge of the Andhra Pradesh High Court as been moved to Gujarat as the Acting Chief Justice. Now Justice R Subash Reddy has develop a liking towards khakra and phapara to soon hold the chair of the chief justice of Gujarat High Court!

Apart from these transfers, as per rumours in the fraternity, the Chief Justice of the High Court of Uttar Pradesh Justice Mr. D.Y. Chandrachund (a known surname in the legal fraternity of India) is coming to Delhi (a major setback to AAP government, because he is very famous for his orders against the government). Justice G Rohini is moving to the Madras High court from Delhi by handing over the charge to Justice Mr. D Y Chandrachud (if rumours are to be believed). The Chief Justice of Madras High Court Justice Mr. Sanjay Kishan Kaul being sent to Allahabad in the same capacity.  Let’s see what improvements or deficiencies the bar has to witness as a result of these reshufflings. 

Courtesy: Rahul Dubey, Advocate

2 comments:

  1. High courts have 443 vacancies out of allotted strength of 1044 of judges meaning the judiciary is functioning at the efficiency of 58% (depressing to know). 67 years of republic and still not even once, we worked on 100% efficiency. Anyways, on these reshuffling I do not think that they will render any significant or even noticeable change in relief orientation, I believe it is a regular change. Just to conclude with a small phrase summarising my opinion "a change for the sake of change is no change at all" Chinese proverb.

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    1. Whether this results in any "Change in relief orientation", as you have rightly termed it, only time will tell!

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