Deepali Kalia –
Kerala High Court on June 4th dismissed a PIL filed by Advocate Sheeja M.S. which challenged the transfer of judicial officers of subordinate courts in the midst of pandemic.
“A PIL of this nature, perhaps appears to be moved without any bona fide intention. This would have been a case of dismissal with heavy costs. But we refrain from imposing cost, as we are not inclined to admit.”, stated a division bench comprising of Justice A Muhamed Mustaque and Justice Dr Kauser Edappagath.
Stating that no judicial officer has raised any grievance with regard to the transfer the bench questioned Advocate D Jayakrishnan, who was representing the lawyer petitioner that, “What is the interest of a lawyer in a judicial officer’s transfer?”
“In fact many of them wanted transfer. These are maters between judicial officers and the court. What is the public interest?” the bench further asked.
The counsel representing the petitioner submitted that judiciary should set an example for the executive and not force judicial officers to undertake travels during the pandemic on the account of transfers.
He argued that due to pandemic even the general transfers in police have been put on hold.
As hearings are being conducted virtually the transfer doesn’t seem necessary and judicial officers can operate from their present station, contended the counsel.
The Bench made the following observations in the order:
“A lawyer has shown undue interest in the matter of judicial officers…. on a specific query being raised regarding any grievance being made by an judicial officer… the counsel was unable to answer such query…The petitioner was unable to point out any violation of existing law with regard to movement of judicial officer pursuant to general transfer order.”
“The uniformity of the transfer order focused on institutional interest and not on individual interest. If any individual grievance is raised, certainly that will be taken care of by the administration.”
