Bombay City Civil And Session Court Notifies Transfer Of Judges To Mazagaon Branch Amid Lawyers' Hunger Strike

The Bombay City Civil and Sessions Court has notified the transfer of 8 judges along with pending commercial and summary suits from the main branch in Fort to the Mazagaon branch amid a hunger strike by lawyers against the transfer of courts.

On Thursday, the Registrar of the court issued the notification, assigning pending commercial matters to three of the transferred judges, and pending summary and residuary suits to three other transferred judges. The remaining two transferred judges have been assigned all criminal appeals, revision applications and bail applications. Currently, there are 59 judges at the main branch of the court, out if which 8 have been transferred to the Mazagaon branch with effect from January 2, 2024.

The Bombay City Civil and Session Court Bar Association, which was on a two-day hunger strike against the transfer, has declared the continuation of the strike, the 'Amaran Uposhan/Chain Hunger Strikes', from January 2, 2024, onwards, extending indefinitely. Approximately 500 advocates are anticipated to join the strike daily, Bar Association president Advocate Ravi Jadhav said, adding that senior advocates have supported the cause.

The initial two-day hunger strike, Sakhali Uposhan, was on December 21, 2023, and December 22, 2023.

The protestors have alleged that by notifying the transfers, the Principal Judge of the Bombay City Civil and Session Court and the guardian judges of the Bombay HC have breached the oral assurance of halting transfers given during the strike.

The Bar Association has claimed that the absence of communication or engagement from the Principal Judge during the protest on December 22, 2023, highlights a disregard for the advocates' concerns.

"We are determined to fight this battle for the rights of advocates. The decision to continue the hunger strikes reflects our unwavering commitment to seek justice for the legal fraternity," stated Advocate Ravi Prakash Jadhav.

Senior advocates have pledged their support to the cause, turning it into a collective effort to address grievances and fight against what they deem as arbitrary decisions. The Bar Association emphasizes its commitment to constitutional means in their protests while holding the concerned judges accountable for any incidents or events that may arise during this period.

The Bar Association is protesting the transfers arguing that such a move is inconvenient for both litigants and advocates due to lack of adequate transport and other facilities in the Mazagaon branch.

On December 20, 2023, Jadhav wrote two letters to the Principal Judge Bombay City Civil and Sessions Court, highlighting apprehensions about the transfer of cases and seeking his intervention to halt the transfer. On December 21, 2023, he received a response stating that the letters have been forwarded for consideration. On the same day, the transfers were officially notified.