'Abrupt Transfer Will Cripple Judicial Efficiency': Senior Advocates At Karnataka HC Ask CJI To Recall Resolution On Transfer Of 4 Judges

Senior Advocates practising in Karnataka High Court have written to the Chief Justice of India Sanjiv Khanna expressing deep sense of concern, anguish, disappointment and anxiety regarding the Collegium resolutions to transfer four Judges of the Karnataka High Court to other High Courts of the Country.The letter states that the Senior Advocates along with the office bearers of the Advocates' Association Bengaluru unanimously decided in the meeting on April 21 at 4:00 pm, that a request be made to the Chief Justice of India and the Collegium Judges to "reconsider and recall/withdraw" the Collegium Resolutions dated April 15 and 19 with regard to the recommendation of transfer four Karnataka high court Judges.Recently the Supreme Collegium has recommended that transfer of seven High Court Judges–four of them from the Karnataka High Court- with a view to "infuse inclusivity and diversity" and "to strengthen the quality of administration of justice." The Karnataka High Court judges whose transfer has been recommended are: 1. Justice Heman Chandanagoudar from Karnataka HC to Madras HC2. Justice Krishnan Natarajan from Karnataka HC to Kerala HC3. Justice Neranahalli Srinivasan Sanjay Gowda from Karnataka HC to Gujarat HC4. Justice Dixit Krishna Sripad from Karnataka HC to Orissa HCThe letter states that Senior Advocates who regularly appear and practice before the four high court Judges under consideration for Transfers to the other High Courts from Karnataka, can "unanimously vouch" for the professionalism, integrity, efficiency, legal acumen and judicial consciousness" of the four recommendees.The letter dated April 21 states, “These Hon'ble Judges work tirelessly over time in order to ensure that timely justice is rendered The same is vindicated with the impeccable track record and number of the disposals of cases across the 3 High Court Benches of Karnataka situated at Bangalore, Dharwad and Kalaburagi.” The judges have not only upheld the highest standards of judicial discipline, but more importantly, they have created a courtroom environment that actively encourages young lawyers to rise, argue, and be heard on merit, the letter adds. "Eventually if these Hon'ble judges were to be transferred, it would cause an immense loss to the members of the bar and more so, to the younger members of the Bar who had always been encouraged and guided...This entire exercise of the abrupt proposal of transfer of the Hon'ble Judges undermines the confidence of the Advocates, Litigants and General Public in the independence and transparency of the Judiciary. It is with regret that we have to express our disappointment that the Bar has not even been taken into confidence while considering the sudden transfer of the Hon'ble Judges from the High Court of Karnataka," the letter states. The letter states that it is often repeated in every conference, forum discussions and in court proceedings that the "Bar and Bench are two sides of the same coin and one cannot survive without the other". The letter states that when decisions regarding the transfer of Judges is under consideration, at least a few senior advocates/senior members of the Bar who have a longstanding and are known for their integrity and intellectual capacity, could be informally consulted to secure their opinion in the matter. "This would strengthen the institution of judiciary and also bring about transparency in the policy and satisfaction amongst the members of the Bar,” the letter reads. Further the letter states that, “Such drastic and sudden transfer of Hon'ble Judges would also lead to a situation wherein able and leading advocates may deter and refuse to accept judgeship when invited by the Bench because of the uncertainty that would be prevailing as regards the transfer policy Furthermore, such sudden transfers may also act as a deterrent for the efficient functioning of the Hon'ble Judges and demotivate them and may also lead to a situation whereby the Hon'ble Judges may even slow down their functioning to a bare minimum.” It further states that the "abrupt transfers" of the four high court Judges would have a cascading and crippling effect on the judicial efficiency across the State.The letter says that “Several Senior Advocates who have put in more than 45 years at the Bar were present in the meeting All the Senior Advocates wore in unison that the manner in which Karnataka High Court has been singled out for such a significant transfer is unacceptable. It was also the unanimous view of the Senior Advocates that the timing of the transfer especially given the scandalous discoveries regarding a Judge of the Delhi High Court.” The Senior Advocates along with the younger members of the Bar also have decided to address appropriate letters to the President of India, Prime Minister of India, the Law Minister, Ministry of Law & Justice, Government of India, protesting against the Collegium recommendation for transfer of the four Karnataka High Court Judges of...

'Abrupt Transfer Will Cripple Judicial Efficiency': Senior Advocates At Karnataka HC Ask CJI To Recall Resolution On Transfer Of 4 Judges

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