In a letter addressed to the CJI Ranjan Gogoi, the Madhya Pradesh High Court Bar Association has requested the transfer of Justice Sanjay Yadav out of the State, owing to his consistent misbehavior.
Justice Sanjay Yadav is presently the third senior most judge of the MP High Court. Since the Supreme Court Collegium has recommended elevation of the two senior-most judges of the high court, the Advocates apprehend that Justice Sanjay Yadav is next in line to take charge as the high court's Acting Chief Justice at its principal Bench at Jabalpur.
The recommendation proposes to elevate Acting Chief Justice of the high court, Justice Ravi Shankar Jha as the next Chief Justice of the Punjab and Haryana High Court and to appoint second senior most judge, Justice J. K. Maheshwari as the first Chief Justice of the Andhra Pradesh High Court.
In a Joint Body Meeting of the MP High Court Bar Association, District Bar Association and MP High Court Advocates' Bar Association, convened on September 5, a resolution was passed expressing concerns over this development.
"... Hon. Shri Justice Sanjay Yadav's presence at Jabalpur in his capacity as Administrative Judge/Acting Chief Justice shall be detrimental to the smooth functioning of the High Court and shall most positively derail the Justice dispensation process", the letter read.
The letter stated that the account of Justice Sanjay Yadav's unruly attitude was not new and "There were several complaints made earlier by individual advocates as well as Bar associations. In the past also his Lordship was transferred from the Principal Bench Jabalpur to the the Bench at Gwalior for the same reasons. The Bar Associations at Gwalior and Indore Benches of the High Court on many occasions have passed resolution seeking for transfer of Justice Shri Sanjay Yadav out of state."
The Advocates supposed that the likely posting of Justice Sanjay Yadav at the principal Bench had the potential of unleashing a conflict between the bar and the bench. Citing previous instances of clashes, the letter stated "There have been abstentions and boycott of his lordship's court on many an occasion...Hon. Shri Justice Sanjay Yadav has a vindictive attitude and personality hostility with a number of practicing advocates at Jabalpur. A number of senior lawyers have stopped appearing in his court since long, some of them are/have been High Court Judges. The environment in his courtroom continuously remains charged and hostile and potentially heading to conflict on day to day basis."
The Advocate's therefore resolved that "It would thus be in fitness of things that Hon. The Chief Justice of India and Hon. Members of the Collegium be apprised of this most volatile situations well in advance so that potential conflict between Bar and Bench be averted, by transferring Justice Sanjay Yadav, out of State, a situation that shall be beneficial to all concerned and most desirable for smooth functioning of the Administration of justice".
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