The Bar Council of Delhi has moved a resolution requesting Justice S N Aggarwal,a former judge of the Madhya Pradesh High Court,to name the sitting judge of the Supreme Court who he accused of engineering his transfer out of the Delhi High Court owing to personal differences.
The Bar Council feels that the matter does not concern the two judges,but is a reflection on the functioning of the Judicial Institution as a whole,more particularly the norms that are being followed in transferring a judge from one High Court to another, the resolution passed by the lawyers body said. It added that given the serious nature of the allegations,the judge concerned should be confronted.
The Indian Express had earlier reported that in his farewell speech given before retirement,Justice Aggarwal had insinuated that an SC judge,who was earlier a senior judge at the Delhi HC,had used his influence to get him transferred to the Madhya Pradesh HC.
I have no hesitation in saying,and say it with utmost humility and respect at my command,that one of my senior colleagues,then a judge in Delhi High Court,with whom I had serious differences on various issues on making it to the Supreme Court saw to it that I was sent out of Delhi High Court by using his close proximity which he has the knack of developing and which he developed …with the head of judiciary, he had said in his speech.
Justice Aggarwal also attacked the policy of transferring a judge from one HC to another,saying the system was not transparent and had become a tool to tame inconvenient judges.