From CK Nayak
NEW DELHI: Swapping of Chief Justice Vijaya Kamlesh Tahilramani of Madras High Court and Meghalaya High Court Chief Justice Ajay Kumar Mittal, has created ripples in the judicial circle notwithstanding the confusion in the state administration in Shillong.
The bar association of Madras has urged its members to abstain from court work across the state till Sept 7 over such transfers which it felt arbitrary. The association was already upset over transfer of another senior judge.
But the Supreme Court Collegium has turned down a request by Justice Tahilramani to reconsider her transfer to the Meghalaya High Court as well as similar requests by other judges.
“On reconsideration, the Collegium is of the considered view that it is not possible to accede to her request and accordingly, reiterates its recommendation for transfer of Mrs. Justice VK Tahilramani to Meghalaya High Court,” a resolution said.
The association took umbrage at the transfer of Justice Tahilramani from a court that has a sanctioned strength of 75 to one whose optimum strength is three. The Meghalaya government is also unaware of the transfer of Justice Mittal who assumed charge only on May 28 this year.
The Madras bar association has also decided to file a public interest litigation before Supreme Court urging it to frame guidelines on the appointment of judges, their transfer, elevation as chief justices of high courts and promotion to the Supreme Court.
The advocates want the transfer to be kept in abeyance.
Some of the senior advocates wrote to the Chief Justice of India, High Court Chief Justice, the Prime Minister and Law and Justice minister.
) Last week, the SC Collegium headed by Chief Justice of India Ranjan Gogoi, had decided to transfer Justice Tahilramani as the Chief Justice of Meghalaya High Court, the country’s smallest high court with a sanctioned strength of three judges including the Chief Justice.
The decision to transfer Justice Tahilramani is surprising, given that she is one of the senior-most high court judges in the country and is among the only two women judges who are heading high courts at the moment.
The other woman chief justice is Gita Mittal of Jammu and Kashmir High Court.
Justice Tahilramani was appointed the High Court Chief Justice on August 8, 2018, transferred from Bombay High Court where she was the acting Chief Justice between 2015 and 2017 in three stints.
Incidentally, while at Bombay High Court, Justice Tahilramani had on May 7, 2017, upheld the conviction and life imprisonment of 11 people in the post-Gujarat riots Bilkis Bano gang-rape case, while setting aside the acquittal of seven persons, including policemen and doctors.
After enrolment with the Bar Council of Maharashtra and Goa, Justice Tahilramani joined the chamber of her father late LV Kapse, renowned advocate.
A resolution on August 28 had recommended the transfer of Justice Tahilramani to the Meghalaya High Court as its Chief Justice “in the interest of better administration of justice.” Another resolution issued on the same day recommended the transfer of Chief Justice AK Mittal from Meghalaya to Madras High Court on identical grounds.