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regular-article-logo Sunday, 05 May 2024

Campaign for Judicial Accountability and Reforms welcomes Supreme Court collegium’s decision to transfer judge

Such a transfer is a justified and welcome step towards ensuring accountability of the higher judiciary, says CJAR

R. Balaji New Delhi Published 15.07.23, 05:25 AM
Supreme Court.

Supreme Court. File photo

The Campaign for Judicial Accountability and Reforms (CJAR) on Friday welcomed the Supreme Court collegium’s decision to transfer Justice Gaurang Kanth from Delhi High Court to Calcutta High Court in the interest of “better administration of justice”.

“Such a transfer is a justified and welcome step towards ensuring accountability of the higher judiciary,” the CJAR, a prominent body of advocates, civil liberties and social activists, said.

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The CJAR’s support to the collegium comes at a time the Delhi High Court Bar Association (DHCBA) on Thursday resolved to abstain from work on July 17 as a mark of protest against Justice Kanth’s transfer.

In May 2022, the CJAR had issued a press note expressing deep concern at the collegium’s recommendation of advocate Kanth as a judge of the Delhi High Court and made a representation to the collegium opposing his elevation.

However, despite the CJAR’s opposition, Kanth was appointed as a Delhi High Court judge in August 2022.

“The CJAR therefore welcomes the decision of the collegium to finally transfer Justice Kanth out of Delhi even though the collegium has not made its detailed reasons for initiating such transfer, public.

“The CJAR deprecates the decision taken by the Delhi High Court Bar Association and some advocates of the Delhi High Court, to call for a strike and abstain from work on account of Justice Kanth’s transfer, and thereby attempt to interfere with the smooth administration of justice. As indicated above, the transfer of Justice Kanth is fully warranted and justified,” the CJAR said.

It added: “CJAR reiterates that the functioning of the collegium needs to become more transparent and accountable to the public at large. While the collegium’s resolutions are uploaded on the website, for a robust and transparent appointment system, there is a need to go beyond this, by putting out the names of proposed appointees on the Supreme Court website and to allow an opportunity for the people to provide relevant information on the proposed appointees. This will ensure appointment of only those candidates that are meritorious and of impeccable integrity.”

On Thursday, the DHCBA had expressed concern over the collegium’s decision to transfer Justice Kanth to the Calcutta High Court, saying the move would adversely affect the administration of justice on account of a reduction in the existing strength of judges in the Delhi High Court.

As a mark of protest, the DHCBA announced that advocates would abstain from work on July 17.

On Wednesday, the five-member collegium comprising Chief Justice of India D.Y. Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant, reiterated their July 5, 2023, recommendation to transfer Justice Kanth to Calcutta High Court, rejecting the judge’s request that he may instead be transferred either to Madhya Pradesh or Rajasthan High Court.

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