HC Bar opposes Punchhi’s move

Earlier, after deliberating on the issue as to whether the proposed transfer of Justice Saharya should be condemned or was justified, the lawyers decided to hold secret ballot since there was diverse opinion both in favour of and against Justice Punchhi.

During the discussions, a section of the lawyers felt that Chief Justice of India Justice M M Punchhi’s policy of transferring the Chief Justices was `mala fide’ and `unjustified’ and that a judicial commission be formed for transfer of judges.

Another section felt that there was no point in interfering with the government’s policy and it was premature to comment on the transfers since the same had not come through yet. The members also discussed the move to transfer at least six CJs from various High Courts in the country.

The low polling today was due to many members preferring to stay away from the controversial issue which involved allegations against the Chief Justice of India. They felt nothing cogent was available and the matter was purely administrative.

The controversy stood further catalysed with the write-up of Kuldip Nayar appearing in The Indian Express on April 14, which also hinted that the anticipated transfer of Chief Justice Saharya was the result of his having annoyed the CJI for not recommending the names of certain lawyers for elevation to the Bench.

The requisition which was the centre of controversy for the last many days was that the anticipated transfer was with an ulterior motive and would lower the image of judiciary in the eyes of general public.