Outgoing Delhi High Court Judge on past transfer: ‘No consent’
Justice Shakdher, who has been appointed as the Chief Justice of the Himachal Pradesh HC, was speaking at a farewell event organised at the Delhi HC.
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Justice Shakdher will have a short tenure as Himachal Pradesh HC Chief Justice, since he is due to retire on October 18. In a rare instance of a sitting Judge speaking out against the Collegium’s decision on his transfer and the manner in which it was undertaken, Justice Rajiv Shakdher, the outgoing second most-senior judge of the Delhi High Court, said on Tuesday that he was transferred to the Madras High Court in 2016 although he “did not give (his) consent”. He admitted that he was “deeply unhappy” at the time.
Justice Shakdher, who has been appointed as the Chief Justice of the Himachal Pradesh HC, was speaking at a farewell event organised at the Delhi HC.
“The events of April 2016… much to my disappointment, sadness… I was shifted to another court. Today is a day of confessions and I want to make one. I was deeply unhappy,” Justice Shakdher said.
“Of course, there was no consent. Another confession, I did not give my consent (to the transfer). Finally, I said ‘you’ve taken a call to move me, I will abide (by it)’… Though I went (to Chennai) not too happy, it was a wonderful experience,” he said.
In 2016, Justice Shakdher’s transfer from the Delhi HC to the Madras HC had led to widespread criticism from the Bar. The transfer was considered “punitive” by many in the Bar. A group of eminent lawyers, including Fali Nariman, Soli Sorabjee and K K Venugopal had written to then Chief Justice of India T S Thakur, expressing “great regret” that an “outstanding Judge” known for his “independent and forthright judgments” was being transferred.
Incidentally, while in the Delhi HC, Justice Shakdher had set aside the Centre’s lookout notice against Greenpeace activist Priya Pillai – the notice had led to her being offloaded from a London-bound flight. Pillai was on her way to speak on the alleged violation of forest rights of tribals but was told that her name was on a database of those not allowed to leave the country.
In 2018, Justice Shakdher was transferred back to the Delhi HC.
“So, to cut a long story short, it is the Bar which constantly evaluates you, it’s almost like the unseen hand of God which protects you. Whether we believe it or not, they know the right from the wrong, and there is a silent majority… who stand with you when the chips are down… They stood by me and there was a message communicated to the Bench, to the Collegium,” Justice Shakdher said on Tuesday.
On July 11 this year, the SC Collegium had recommended his appointment as Himachal Pradesh HC Chief Justice. The government cleared the appointment last week, after the Supreme Court flagged the issue of pending judicial appointments.
Justice Shakdher will have a short tenure as Himachal Pradesh HC Chief Justice, since he is due to retire on October 18.
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