Gujarat lawyers enter Chief Justice’s court, protest judge ‘transfer’, skip work

Justice Kariel, who enrolled as an advocate with the Bar Council of Gujarat, was elevated as a judge of the Gujarat High Court in October 2020. Currently, he is being allotted adjudication of civil matters.

The Gujarat High Court Advocates’ Association (GHAA) passed a resolution to “abstain from court proceedings instantaneously” and “have a representation sent to… Chief Justice of India and other Judges of the Collegium” and other “Judges of this court who are now presiding as Judges of Supreme Court of India to reconsider the recommendation of transfer of… Justice Nikhil Kariel”.

Four judges elevated from the Gujarat High Court — Justices M R Shah, Vikram Nath, J B Pardiwala and Bela M Trivedi – are now in the Supreme Court.

The GHAA resolution said “the transfer of such an honest and upright judge for which the entire Bar is vouching in one voice is not in right taste and is being strongly opposed as it strikes at the Rule of Law and Independence of Judiciary which are two prime edifices on which our Constitution rests.”

Senior advocate Percy Kavina said Justice Kariel “is a fair and upright judge”.

Four judges elevated from the Gujarat High Court — Justices M R Shah, Vikram Nath, J B Pardiwala and Bela M Trivedi – are now in the Supreme Court.

A source close to the judge said he is yet to receive the transfer order, but if it comes, he will “accept” the decision.

The Bar also resolved to postpone by-elections to the post of the GHAA president, scheduled for November 18, to a later date.

Members of the Bar decided to hold a “peaceful protest” over the transfer outside the High Court gates Friday morning and convene a meeting Monday morning to review the situation.

When Chief Justice Kumar inquired about the “sudden rush” by the Bar before the court, senior advocates Mihir Thakore and Asim Pandya, speaking for the Bar, said, “We are here to oppose the death knell, death of the independence of the judiciary because of the transfer of Justice Kariel.”

Another member of the Bar said such transfers are done after consulting the Chief Justice of the High Court and the judge concerned. Chief Justice Kumar was also shown online news reports.

Told that the lawyers would be abstaining from work, CJ Kumar said, “That you can do it, but abstaining from the court will not be in the interest of justice. Just think over it, it is up to you… See, so many matters of quashing, (and other matters), and unnecessarily the litigant-public will suffer.”

Thakore said the lawyers will only reconsider their decision on Monday. The “feelings” of the Bar, he said, are “very strong” and “any other resolution is not possible”.

The GHAA has been vocal on transfer of judges. In November 2018, it opposed the transfer of Justice Akil Kureshi. In 2017, it protested the transfer of Justice Jayant Patel of the Karnataka High Court. He had served in the Gujarat High Court.

In 2021, Justice Kariel, while dealing with an election petition by Suresh Katara of the Congress, summoned BJP MLA Nimisha Suthar after Katara claimed Suthar’s caste certificate was false – the matter is pending.

Justice Kariel’s past orders have resulted in reinstatement of two teachers at a Surat school who were dismissed in 2019 after the school refused to recognise their graduation degrees; the quashing of a private criminal complaint against actor Shah Rukh Khan following a stampede at Vadodara railway station during the promotion of his film.

He also granted anticipatory bail to I H Syed, former Assistant Solicitor General (ASG) at the Gujarat High Court, facing charges of extortion, assault and wrongful confinement of a businessman.

In July this year, Justice Kariel granted bail to four accused in the 2016 Una Dalit flogging case, primarily on grounds of parity since the remaining 36 accused had been granted bail by the High Court earlier. He also directed the Gujarat Legal Secretary to make appropriate arrangements for the conclusion of the trial and to appoint a Special Public Prosecutor – the trial had been in a limbo owing to the absence of a public prosecutor.

Earlier this year, he granted bail to eight persons accused of illegal religious conversion in Amod, Bharuch.