Madras HC CJ leaves Chennai without customary farewell

Two days after the Union Government accepted the Supreme Court Collegium’s recommendation transferring him to Meghalaya, Madras High Court Chief Justice Sanjib Banerjee on Wednesday left to the north-eastern state by road and apologised to fellow judges for “not saying goodbye” in person.

Justice Banerjee, whose transfer to Meghalaya High Court was opposed by the Madras Bar Association and several senior counsels who sought its reconsideration, took the road to reach Shillong instead of travelling in a flight.

The Chief Justice, who refrained from hearing sensitive cases on Tuesday after his transfer order was made public, did not even wait for the customary farewell organised for judges who get transferred to other courts.

Also Read | President Kovind approves transfer of Madras HC CJ Sanjib Banerjee to Meghalaya

In an emotional letter to “my dear family” at the Madras High Court, Justice Banerjee told the court staff that he regretted that he could not “completely demolish the feudal culture in which you serve.”

“I apologise. First, for being unable to last the distance and second, for not saying goodbye to you in person. Finally, to the few of you who may have felt offended by any of my actions, please know that they were never personal. I perceived those actions as necessary for the institution,” Justice Banerjee wrote in the letter.

He also spoke about his 11-month tenure at the Madras High Court and thanked lawyers and staff of the court for their cooperation. Justice Banerjee, who took over as Chief Justice in January 2021, had heard several important cases in the past 11 months and delivered key verdicts that have had national ramifications.

His transfer to Meghalaya High Court was recommended by the Collegium at a meeting held on September 16, but the decision was made public only on November 9. Justice Banerjee is the second CJ of the Madras High Court to have been recommended for a transfer to Meghalaya in two years. In 2019, the then CJ V K Tahilramani resigned in protest after she was transferred to Meghalaya.

Also Read | CJ transfer out of Madras High Court snowballs into controversy

Justice Banerjee’s transfer within 10 months of his assuming office triggered a massive debate with senior counsels and the Madras Bar Association taking objection to the Supreme Court Collegium’s recommendation and asking for its reconsideration.

The lawyers and the Bar told the Collegium that the “constant transfers and postings have left the Madras High Court in a state of constant flux.”

“Such short-lived tenures at the apex of the Court's hierarchy in a State bodes ill for the health of the institution and the justice delivery system. …This is so not only for the High Court but any institution more so the High Court, given the significant role it plays in preserving constitutional safeguards,” 31 senior counsels had written in their representation to the Collegium.

At an emergency meeting convened on Sunday, the Madras Bar Association had expressed its deep concern at the “opaqueness” surrounding the transfers of Justice Banerjee and Justice T S Sivagnanam to the Calcutta High Court.

"The transfers are perceived to be in violation of the Memorandum of Procedure for transfer. Such transfers are perceived to be punitive and do not augur well for the independence of the judiciary,” the association had said.

Watch the latest DH Videos here: