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'Deeply Concerned With Opaqueness' : Madras Bar Association Passes Resolution Against Proposal To Transfer Chief Justice Sanjib Banerjee

LIVELAW NEWS NETWORK
14 Nov 2021 7:11 AM GMT
Deeply Concerned With Opaqueness : Madras Bar Association Passes Resolution Against Proposal To Transfer Chief Justice Sanjib Banerjee
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The Madras Bar Association has passed a resolution urging the Supreme Court Collegium to reconsider the recommendations to transfer the Chief Justice of Madras High Court Sanjib Banerjee to Meghalaya High Court.The Association said that it was "deeply concerned with the opaqueness surrounding the transfers". It also expressed concern with the transfer of Justice TS Sivagnanam from Madras...

The Madras Bar Association has passed a resolution urging the Supreme Court Collegium to reconsider the recommendations to transfer the Chief Justice of Madras High Court Sanjib Banerjee to Meghalaya High Court.

The Association said that it was "deeply concerned with the opaqueness surrounding the transfers". It also expressed concern with the transfer of Justice TS Sivagnanam from Madras High Court to Calcutta High Court, which was notified by the Centre on October 11 pursuant to Colleigum recommendations.

"The transfers are perceived to be in violation of Memorandum of Procedure for transfer. Such transfers are perceived to be punitive and does not auger well for the independence of the judiciary", the resolution stated.

Therefore, the Association has requested the Collegium to reconsider the proposal. It has further requested the Government of India to remit the recommendation in respect of CJ Sanjib Banerjee to the SC Collegium for following the procedure contemplated under Memorandum of Procedure for Transfer of Chief Justice of a High Court.

It was on September 16 that the Supreme Court Collegium made the resolution to recommend the transfer of Justice Banerjee. However, the resolution was made public only on November 9.

Earlier, over 200 advocates had sent a representation to the members of the Supreme Court collegium expressing objections to the transfer proposal, saying that the members of the Bar have a right to know the reasons for the transfer of a "competent and fearless" judge.   Chief Justice Banerjee who hails from the Calcutta High Court was appointed as the Chief Justice of Madras High Court on January 4, 2021. He is due to retire from service on November 1, 2023.

During his tenure in Madras High Court, Chief Justice Banerjee has made several notable interventions in issues related to COVID management, vaccine distribution, conduct of elections, NEET-AIQ reservations etc. In April, Chief Justice Banerjee had created headlines with his scathing oral remarks against the Election Commission of India for allowing election rallies during the peak of COVID pandemic.

Read the resolution here :

The association is deeply concerned with the opaqueness surrounding the transfers of Hon'ble Mr Justice T. S. Sivagnanam from Madras High Court to Calcutta and of Hon'ble Mr Chief Justice Sanjib Banerjee to Meghalaya. The transfers are perceived to be in violation of Memorandum of Procedure for transfer. Such transfers are perceived to be punitive and does not auger well for the independence of the judiciary.

We therefore request:

  1. The collegium to reconsider the transfers of the Hon'ble judges.
  2. The Government of India to remit the recommendation of the collegium in respect of the transfer of the Hon'ble Mr Chief Justice Sanjib Banerjee for fresh consideration following the procedure contemplated under Memorandum of Procedure for Transfer of Chief Justice of a High Court.

Also Read : Power To Transfer High Court Judges: Explained



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