Transfer Of Justice Sanjib Banerjee- Aware Of Protests But Opinion Of CJI Is 'Determinative' : Centre Tells Lok Sabha

The Central government on Friday stated that it was aware of the protests that took place opposing the transfer of Justice Sanjib Banerjee from Madras High Court to Meghalaya High Court. 

However, Union Minister for Law and Justice Kiren Rijiju said that transfers of High Court judges are initiated by the Supreme Court Collegium and the decision of the Collegium in this regard is "determinative". He further underscored that all such transfers are made in public interest i.e. for promoting better administration of justice in various High Courts in the country. 

Rijiju was giving a written reply to an unstarred question by Congress Member of Parliament (MP) from Tamil Nadu Manickam Tagore, during the fifth day of the parliament's winter session. Manickam had questioned whether any protests had taken place at the Madras High Court against Justice Banerjee's transfer and also queried about the reasons for such a transfer. He had also enquired whether the transfer had taken place in pursuance of applicable rules. 

"Whether it is also true that the agitating lawyers and the associations related to them have alleged that the said transfer was not according to the prescribed rules?", Manickam had enquired. 

In response, the Union Law Minister stated, 

"Yes, some Senior Advocates and lawyers bodies of Madras High Court protested on the transfer of Chief Justice, Madras High Court as Chief Justice of Meghalaya High Court which was notified on November 15, 2021. Transfer of Chief Justice/Judge of High Court is recommended by the Chief Justice of India and the four senior-most puisne Judges of Supreme Court of India"

The Law Minister further added that as per Memorandum of Procedure, Chief Justice of India is empowered to initiate proposal of transfer of Chief Justices/Judges of High Courts and his opinion in this regard is determinative. 

"After obtaining approval of the President of India, Government notifies the transfer. All transfers are to be made in public interest i.e. for promoting better administration of justice in various High Courts in the Country", Rijiju stated further. 

The transfer of Chief Justice Banerjee which was notified last month has been subject to severe outrage as it has been perceived to be a 'punitive transfer'. Recently, over 200 practicing advocates of the Madras High Court have written to the Chief Justice of India, N. V. Ramana, and other four members of the Collegium expressing their anguish over the seemingly abrupt decision of transferring Chief Justice Banerjee.

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

Expressing 'deep concern and disappointment' with the decision of the Supreme Court collegium to transfer Chief Justice Sanjib Bannerjee of the Madras High Court to the Meghalaya High Court, The Campaign for Judicial Accountability and Reform (CJAR) has also sought the recall of the Collegium's decision.

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