Frequent transfers of judges in Delhi High Court alarming: DHCBA to CJI

New Delhi, Sep 1 (PTI) The Delhi High Court Bar Association (DHCBA) on Monday wrote to the Chief Justice of India B R Gavai and the Supreme Court collegium while calling for "greater transparency" in the appointments and transfers of judges in the Delhi High Court.

The DHCBA wrote to the CJI and expressed concern over the "alarming frequent transfers" of judges in the Delhi High Court.

"Today, we are faced with a prevalent perception within the bar that members of the Delhi High Court bar are perhaps, being overlooked for consideration when judicial appointments are made to the high court," the bar body said as it called it an "unfortunate" situation.

The DHCBA communication continued, "It is earnestly submitted that greater transparency and consultation in this process of appointment and transfers would not only strengthen the faith of the legal fraternity but also enhance public faith in the judiciary." The DHCBA claimed "a series of transfers to and from" the Delhi High Court involving judges from across the country has taken place in the recent past.

"The transfers of several judges from this court to other jurisdictions have generated unease, not only within the institution but also amongst the members of the bar," it said.

On August 28, senior advocate Vikas Pahwa wrote to the CJI for reconsidering the collegium's recommendations to transfer two judges -- Justice Arun Monga and Justice Tara Vitasta Ganju -- from the Delhi High Court to Rajasthan and Karnataka high courts, respectively.

Pahwa's latter claimed "unverified reports" might have influenced the decision.

“It is deeply concerning that unverified reports, wholly unrelated to the official duties or judicial work of these judges, may have influenced the proposal for their transfer... judicial independence and continuity must be preserved," he wrote.

The DHCBA letter, on the other hand, said the recent spate of transfers has "further exacerbated the situation where there is a widening gap between judges who adorn our bench and the lived experience of litigants in the local context of our city".

"In as much as the bar welcomes judges who come from other states as they add to the cosmopolitan character of the bench, today, we are faced with a peculiar situation where nearly one third of its strength comprises of judges from other jurisdictions, while the members of the bar remain overlooked. We humbly submit that such perceptions, if left unaddressed, risk eroding the morale of the Bar as well as diminishing faith in the established processes of judicial elevation and transfer," it added.

The DHCBA said though the power of appointment and transfer vested "exclusively" with the collegium, the bar was an equal stakeholder in the administration of justice.

"Yet for reasons unknown the bar is invariably kept in the dark when crucial decisions regarding elevation and transfers of Justices are made," it said. PTI UK UK AMK AMK