SC refuses to interfere with transfer of Armed Forces Tribunal member

The bench, also comprising Justices J B Pardiwala and Manoj Misra, gave the government three weeks to submit its reply.

Hearing a plea by the AFT Bar Association, Chandigarh, the SC had on October 9 effectively stayed the transfer by asking Justice Choudhary not to join his new assignment for the time being. It also sought a report from the AFT chairperson detailing why the transfer was effected.

Following the transfer of Justice (retired) Dharam Chand Chaudhary, the AFT Chandigarh Bar Association had on September 26 launched an indefinite strike. It also wrote twice to Chief Justice of India D Y Chandrachud, terming the transfer as “a direct assault on the independence of judicial functioning” of the AFT. It alleged that Justice Chaudhary was transferred because “he refused to buckle under the pressure of the Ministry of Defence”.

Perusing the report, the CJI said on Friday that the Chairperson had explained that it was a temporary transfer as there was shortage of judicial members in the Kolkata bench whereas the Chandigarh bench had a surplus.

“Being seniormost, he was transferred to Kolkata…The Chairperson is saying it is a temporary transfer…He has to be given some free play…”, observed the CJI and asked if this is not within the power of the Chairperson.

Dismissing the plea, the court said it had “no reason…to doubt the exercise of administrative discretion” by the AFT chairperson “as posting of members to different benches lies within the administrative control of the chairperson”.