Shivani Gadhavi-
Published On: November 14, 2021 at 16:23 IST
The Madras Bar Association passed a Resolution for the reconsideration of Chief Justice of Madras High Court Sanjib Banerjee’s transfer to Meghalaya High Court.
The Resolution signed by 237 Advocates of the Madras High Court was addressed to the Chief Justice of India N.V. Ramana and the Supreme Court Collegium, which called for reconsideration of the transfer.
The resolution stated, “The transfers are perceived to be in Violation of Memorandum of Procedure for transfer. Such transfers are perceived to be punitive and does not auger well for the independence of the Judiciary”.
The Madras Bar Association argued that “Why a competent, fearless Judge and an efficient administrator of a larger High Court, where more than 35,000 cases were filed in a year, should be transferred to a Court where the total number of Cases instituted in a month is on an average of 70-75 cases only.”
It has been noticed in the past that ‘Honest’ and unbiased servants of the Law are made to pay for their impartialness by the means of unfair transfers to comparatively ‘Less Important’ places.
Such transfers are said to be ‘Punishment Transfers’ or ‘Punitive Transfers.’ Therefore, it is important for the public to be made enlightened about such transfers of fearless Servants of the Law.
The representation of the Association concluded, “We are, therefore, writing this as responsible Members of the Bar, being cognizant of the necessity to insulate the judiciary from any external interference, only to ensure that the independence of the Judiciary does not suffer any threat. Unfortunately, the decision of the Supreme Court Collegium and the opacity around it seem to set alarm bells ringing amidst the Public and all participants in the Justice System.”
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