Only Two Judges In Manipur HC: SC Transfers Intra Court Appeal To Gauhati HC [Read Order]

‘In view of the fact that there are only two Judges in the Manipur High Court and the order under challenge has been passed by one of the learned Judges, it is submitted that a Division Bench cannot be constituted to hear the intra court appeal.’

An interesting transfer petition came up before the Supreme Court filed by the State of Manipur.

The state had sought for transfer of a case from Manipur High Court to Gauhati High Court on the ground that there are only two judges in the high court and order passed by one of them is to be challenged before the division bench. As there are only two judges, a division bench cannot be constituted to hear the intra-court appeal.

In this case, Justice Kh Nobin Singh had allowed a writ petition filed by one Nalinibala Devi seeking appointment to the post of Professor-cum-Vice Principal of the College of Nursing. The state had preferred writ appeal.

As the other side did not object to the transfer plea, the bench of Justice Madan B. Lokur and Justice Deepak Gupta allowed the plea and transferred the case to Gauhati High Court.

Presently, acting Chief Justice N Kotiswar Singh and Justice Kh Nobin Singh are the two judges of the high court.

Recently, the Supreme Court collegium had taken note of the observations of Department of Justice proposing a transfer of a high court judge to Manipur High Court in view of depleted strength of judges in that high court. The collegium had also recommended Justice Songkhupchung Serto to be appointed as permanent judge of the Manipur High Court.

The High Court of Manipur came into existence on 23rd March 2013. Justice Abhay Manohar Sapre (Now Supreme Court judge) was the first Chief Justice of the High Court of Manipur. Justice N Kotiswar Singh also sworn in as the judge on the same day, who later became Acting Chief Justice of the High Court. Justice Nobin Singh got elevated as Judge of High Court of Manipur on 26th November 2014.