Centre Continues To Sit Over Collegium Resolutions For Transfer Of Some HC Judges For Over A Year

In August 2023, the Supreme Court Collegium passed resolutions for the transfer of 26 High Court judges. Despite the passage of one year, the Centre has not notified the transfer of five such judges. Another judge, who was recommended to be transferred, has retired while Centre sat over the Supreme Court Collegium's resolution.

Four judges, whose transfers are pending, belong to the Gujarat High Court. They are :

1. Justice Alpesh Y Kogje (proposed to be transferred to Allahabad HC)
2. Justice Gita Gopi (proposed to be transferred to Madras HC)
3. Justice Hemant M Prachchhak (proposed to be transferred to Patna HC)
4. Justice Samir J Dave (proposed to be transferred to Rajasthan HC).

The recommendation made by the collegium in its resolution dated August 10, 2023, to transfer Justice Prakash Padia from Allahabad High Court to Jharkhand High Court is also pending.

The Collegium's resolution dated August 10, 2023, proposing the transfer of Justice Rajnish Bhatnagar from Delhi High Court to Rajasthan High Court became infructuous as the Centre ignored it till his retirement in May this year.

The outcome of the resolution regarding Justice Bhatnagar's transfer mirrored the proposal made by the collegium in November 2022 for the transfer of the then Madras HC Acting Chief T Raja, who retired in the same post owing to the Centre keeping his transfer on hold till his retirement.

The Supreme Court, while hearing a case against the Centre's delay in accepting collegium resolutions, had expressed concerns over the pending transfer proposals.

Questioning the Centre's selective approach, Justice Sanjay Kishan Kaul, who was heading the bench then, told Attorney General for India R Venkataramani on November 20, 2023 :

"As per our information, you have issued transfer orders for five people, but not for six others - four of them are from Gujarat, one from Delhi, and one from Allahabad. This does not send a good signal. Don't do selective transfers. It creates its own dynamics. What signal do you send when out of the transfers recommended, four judges from Gujarat are not transferred at all? See, what will happen at some stage is that you can't let judges whom we think should not work in a court, continue to work there. This could mean something unpleasant...I don't want to say but you understand the consequence. If it comes to that, these judges will be embarrassed and their authority diluted. Please don't let that happen."

Though the Attorney General assured the Court that the concerns would be addressed soon, these transfer resolutions remain pending till date.

In an order passed in January 2023, the Supreme Court observed that delay in transfers "not only affects the administration of justice but creates an impression as if there are third party sources interfering on behalf of these Judges with the Government."