My Transfer To Allahabad High Court By Collegium In 2018 Was Ill-Intended, To Harass Me: Retiring CJ Pritinker Diwaker

Retiring Chief Justice of Allahabad High Court Justice Pritinker Diwaker on Tuesday said that his transfer from Chhattisgarh High Court to the Allahabad High Court by the Collegium led by then CJI Deepak Misra in 2018 was "ill-intended" and meant to "harass" him.

“My transfer order seems to have been issued with an ill intention to harass me," Justice Diwaker said adding "however, as fortune would have it, the bane turned into boon for me because I received immeasurable love and support and cooperation from my companion judges as well as from the members of the bar.”

Justice Diwaker was speaking at the farewell ceremony organized by the High Court. He termed the transfer as a sudden turn of events and said the reasons for shower of this "extra affection" upon him are still not known to him.

Nonetheless, he thanked CJI DY Chandrachud for rectifying the injustice caused to him. The Collegium led by CJI Chandrachud had recommended to elevate him as the CJ. “Life is the test, not the result. Indeed, the deed decides it. Good work always makes its footprint on the stand of time,” Justice Diwaker said.

Justice Diwaker said that with the limited resources available to him, he left no stone unturned for the upward march of the Allahabad High Court. “Balancing heavy workload is indeed a challenge in the Allahabad High Court,” he added. He said that critics must see the working of the Allahabad High Court from the inside before commenting on its functioning from the outside.

Remembering his father, who drove him into the field of law Chief Justice Diwaker said,

“If I peep into my past, initially I was not extraordinarily academically strong but always had the passion towards sports activities. And probably it is this inclination which brought about an all-round development in my personality. It was next to impossible for me to have a giant dream for performing the pious act of dispensation of justice but now I realise that everything on the planet can be achieved if one really has insatiable appetite for knowledge and sense of responsibility towards the down trodden of the society. “

While praising Chief Justice Diwaker's knowledge of criminal law, Justice Manoj Kumar Gupta pointed out that the outgoing Chief Justice used to decide 2-3 criminal appeals in a day. Justice Gupta stated that the Chief Justice's noteworthy judgments will have a lasting impact.

“Justice Diwaker was a first-generation lawyer in his family and served as a beacon for countless aspiring advocates showcasing unwavering commitment, dedication and notable achievements that become source of inspiration for present as well as generations to come,” he added.

Justice Gupta pointed out the support, inspiration and guidance that has been provided by the outgoing Chief Justice to all of judges and the members of the bar.

“In times of great challenges, he had been a source of strength, wisdom and encouragement. Always standing by our side. During moments of distress, it is all too common for fear and panic to could our judgment. Yet brother Justice Diwaker is a steadfast rock, a beacon of tranquility that enlights us all to find solace during its darkest hours. It is in these moments that we witness the extraordinary power of unwavering composure.”

Justice Gupta requested the outgoing Chief Justice for continuous communication of ideas between the Justice Diwaker and the judges of the HC.

“The perfect balance and the strong bonding that our Chief Justice and his family has been able to maintain between life and law, between fraternity and family, between bar and bench is what we all aspire to follow and imitate.”

Justice Attau Rahman Masoodi, Senior Judge at the Lucknow bench of the Allahabad High Court said that in the short span of time that Chief Justice was a part of the Allahabad High Court, he became a part of the High Court as much as anybody belonging to the place would claim in all measures.

Citing Shakespeare “ What a piece of worke is a man! How Noble in reason! How infinite in faculty! In forme and mouing, how expresse and admirable! In Action, how like an Angel.” Justice Masoodi said “This is impression we all carry of our guardian on this day when he departs from the woolsack today and we have gathered here to bid him farewell to lead a peaceful life ahead.”

Justice Masoodi praised the understanding of humane and psych values that Justice Diwaker held. He quoted Edmond Bruke's line that “It is not what a lawyer tells me I may do, but what humanity, reason and justice tells me, I ought to do.”

Justice Masoodi highlighted that the Chief Justice's believed in optimum results on the principle of sound reasoning.

“The dual mechanism of access to justice and outreaching of justice to the sufferer worked at its best during his tenure. He emphasized on us to visit jails and shelter homes so that the personal liberty of the citizens did not suffer whimsically, and the constitutional guarantees remain supreme,” he added.

Praising the Chief Justice for various initiatives undertaken by him including the Artificial Intelligence project, Justice Masoodi said

“Retirement is not a finish line or end of the road. Retirement is a milestone you pass on your journey. Retirement is certain but embracing a situation but embracing a situation with an open heart and mind is the art possessed by a man of his qualities.”

“We are gathered not to bid adieu but to celebrate the illustrious tenure of our esteemed CJ”, said Additional Advocate General Manish Goyal while thanking Chief Justice Diwaker for his constant support to the members of the bar and treating them with utmost respect. Chief Justice's efforts in helping and reforming the prison systems and upliftment of society were greatly praised by Mr. Goyal as being instrumental in reshaping the societal fabric.

Chief Justice Pritinker Diwaker enrolled as a member of the Bar Councill of Madhya Pradesh in 1984. He was appointed as a judge of Chhattisgarh High Court on 31^st March 2009. After serving Chhattisgarh High Court for 8 and a half years, he was transferred to the Allahabad High Court on 3^rd October 2018. Thereafter, he was appointed as the Acting Chief Justice of the Allahabad High Court on 13^th February 2023.

In words of Justice Manoj Kumar Gupta, “bringing a wealth of experience from 2 different High Courts, he assumed the role of Chief Justice of this High Court on 26^th March 2023.”