‘Uncertain times’: Bar raises concern over frequent transfers as Delhi HC bids farewell to two judges

Speaking at the farewell, senior advocate and DHCBA president N Hariharan took to raising the issue of frequent transfers in and out of Delhi HC of late, saying, “It is not that we don’t welcome others from all parts of the country… We are a cosmopolitan Bar. But we also feel that a certain amount of continuity needs to be maintained by having people from our Bar also here because they know the local situations the best. We are not at this point of time in a process of confrontation as such but the anguish that is felt, I thought it needs to be expressed.”

“I, on the last occasion, the first opportunity that I got, I had made an effort to go to the Chief Justice, express this aspect, which we felt as a bar, and I felt if we keep silent on this, I and especially my executive, would be abdicating its duty, and that is, to be candid when it is required,” he said, adding, “We’ve been living in uncertain times, is what I feel. So just expressing that uncertainty, I end with two lines: Naa ibtida ki khabar hai, aur naa hi integha ka malum. Meaning, the beginning is not known at the moment, nor do we know where these transfers are going to end. I just hope for better times.”

The Centre, on October 14, had confirmed the Supreme Court Collegium’s recommendation to transfer the two judges from Delhi HC while also confirming the transfer of three other judges from other high courts to Delhi HC. The transfer recommendations by the Collegium in August had drawn opposition from the DHCBA.

Chief Justice Upadhyaya, addressing at the event, said, “…I respect the sentiments of the members of Bar on the transfer of your colleagues.”

While hailing Justice Ganju’s judicial and alternate dispute resolution mechanism specialisiation, CJ Upadhyaya also added, “This Bar is surely going to hugely hugely miss you but there are certain things where we don’t find explanations except to say what destiny has chosen for us, all of us.”

Meanwhile, at the full court farewell reference of the judges, Hariharan added, “Over the last couple of years, we have witnessed transfers of judges to and from Delhi HC. Transfers are of course contemplated by the Constitution. Yet when their frequency, scale and patterns begin to alter the composition of the court, there are concerns that go beyond individual cases.. Judicial independence is not a privilege of judges, it is the peoples’ right and only an independent judiciary can safeguard their liberties…for a Bar, therefore, it is a matter of principle. We must insist that appointments and transfers be carried out in a manner that strengthens rather than undermines the constitutional scheme…”

Government of National Capital Territory of Delhi’s Standing counsel Sameer Vashisht, also addressing at the full court reference, added, “Their transfers, one to Rajasthan HC other to Karnataka HC, have come unexpectedly. Yet, as members of Bar, we gather not to question the winds of change but to acknowledge with pride and gratitude the mark they left behind…DHCBA’s representation to the Chief Justice of India requesting reconsideration of her (Justice Ganju) transfer stands as a testament of the esteem in which she is held by the Bar.”

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