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This is an archive article published on November 17, 2022

Gujarat HC advocates on strike mode against SC collegium’s transfer recommendation of Justice Nikhil Kariel

Advocates termed the move a death to the independence of the judiciary. Chief Justice Aravind Kumar requested lawyers to reconsider the decision to abstain from work tomorrow

Senior advocates Mihir Thakore and Asim Pandya, voicing the opposition on behalf of all members of the Bar, said, “We are here to oppose the death knell, death to the independence of judiciary because of the transfer of Justice Kariel”.
Senior advocates Mihir Thakore and Asim Pandya, voicing the opposition on behalf of all members of the Bar, said, “We are here to oppose the death knell, death to the independence of judiciary because of the transfer of Justice Kariel”.

Advocates of Gujarat High Court, based on the reports that appeared in LiveLaw regarding Supreme Court collegium’s recommendation of transferring Justice Nikhil Kariel from the High Court to Patna High Court, Thursday afternoon gathered at Chief Justice Aravind Kumar’s court to oppose the move which they termed it “a death knell”.

Members of the Gujarat High Court Advocates Association (GHAA), after an extraordinary general body meeting of the association at 2 pm, informed the court of Chief Justice that the lawyers have decided to abstain from work starting Thursday. They will convene a meeting on Monday morning to decide on the future course of action.

Senior advocates Mihir Thakore and Asim Pandya, voicing the opposition on behalf of all members of the Bar, said, “We are here to oppose the death knell, death to the independence of judiciary because of the transfer of Justice Kariel”.

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The statement came after Chief Justice Aravind Kumar inquired why “the sudden rush in the Bar” before the court. Another member of the Bar also pointed out that such transfers are done after consulting the Chief Justice of the High Court.

The chief justice was also shown the online news reports. The court, however, switched off the live streaming of proceedings mid-way.

Chief Justice Kumar, however, requested the members to reconsider their decision on Friday instead of Monday. “Abstaining from court is not in the interest of justice. Reconsider it tomorrow? See, so many matters of quashing, (and other matters), and unnecessarily litigant public will suffer,” he said.

The Bar, represented by senior advocate Mihir Thakore, however, clarified that their stance will remain unmoved and they shall only reconsider their decision on Monday.

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The GHAA, in its resolution after the meeting, noted that it would abstain from court proceedings from Thursday 2.30 pm, send a representation to the Chief Justice of India and other judges of the collegium to reconsider the recommendation of transfer of Justice Kariel, and hold a silent protest outside the HC gate on Friday morning.

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