<p>The concerns expressed in many quarters over the transfer of the Chief Justice of the Madras High Court, Justice Sanjib Banerjee, as the Chief Justice of the Meghalaya High Court are not unfounded because they raise some questions for which there are no clear answers. The Supreme Court’s collegium which takes decisions on the transfers and postings of the judges of the higher courts made the recommendation for the transfer and it has been notified. But a number of advocates' associations have expressed unhappiness over the decision. The Madras Bar Association and the Madras High Court Advocates Association, representing hundreds of lawyers, have sent representations to the apex court with a plea to reconsider the transfer. There is concern outside the lawyers’ community too. </p>.<p>The transfer has created discomfort because there is no obvious reason for it. Justice Banerjee has only spent 10 months in the Madras HC. During this period, he has delivered some remarkable rulings. He pulled up the Election Commission for allowing large campaign rallies during the Covid-19 pandemic and directed the Central government to more widely implement OBC quotas in MBBS seats. He stayed the government’s new IT rules on the ground that they could "rob the media, both print and electronic, of their independence," and strongly upheld media freedom. He came down heavily on the Puducherry unit of the BJP over alleged misuse of voters’ Aadhaar details. There were other rulings also which may not have been to the liking of the ruling establishment. He is known as a fair-minded and independent judge. The transfer has given rise to questions especially because there is an impression that he was shifted because of his rulings. There was a similar transfer in 2019 when the then Chief Justice V K Tahilramani of the same high court was suddenly transferred to the Meghalaya High Court. She had reputation for impartiality and competence. The judge felt so humiliated that she resigned without accepting the transfer. </p>.<p><strong>Also read: <a href="https://www.deccanherald.com/national/south/madras-hc-cj-leaves-chennai-without-customary-farewell-1051764.html" target="_blank">Madras HC CJ leaves Chennai without customary farewell</a></strong></p>.<p>Justice Banerjee has been transferred from one of the country's oldest and biggest high courts with a strength of 75 judges to a court with just four judges. A resolution of the Madras Bar Association has spoken of the "opaqueness" surrounding the transfer. It has been seen as a violation of the "Memorandum of Procedure" on the transfer of judges. The representation to the Supreme Court said that “short tenures and abrupt transfers’’ of judges would harm the working of the courts. It said that "even if the Collegium is privy to information that may have prompted such a drastic measure, members of the Bar and the public have a right to know the reasons for this transfer". It is unfortunate that there is no response. </p>.<p><strong>Watch the latest DH Videos here:</strong></p>
<p>The concerns expressed in many quarters over the transfer of the Chief Justice of the Madras High Court, Justice Sanjib Banerjee, as the Chief Justice of the Meghalaya High Court are not unfounded because they raise some questions for which there are no clear answers. The Supreme Court’s collegium which takes decisions on the transfers and postings of the judges of the higher courts made the recommendation for the transfer and it has been notified. But a number of advocates' associations have expressed unhappiness over the decision. The Madras Bar Association and the Madras High Court Advocates Association, representing hundreds of lawyers, have sent representations to the apex court with a plea to reconsider the transfer. There is concern outside the lawyers’ community too. </p>.<p>The transfer has created discomfort because there is no obvious reason for it. Justice Banerjee has only spent 10 months in the Madras HC. During this period, he has delivered some remarkable rulings. He pulled up the Election Commission for allowing large campaign rallies during the Covid-19 pandemic and directed the Central government to more widely implement OBC quotas in MBBS seats. He stayed the government’s new IT rules on the ground that they could "rob the media, both print and electronic, of their independence," and strongly upheld media freedom. He came down heavily on the Puducherry unit of the BJP over alleged misuse of voters’ Aadhaar details. There were other rulings also which may not have been to the liking of the ruling establishment. He is known as a fair-minded and independent judge. The transfer has given rise to questions especially because there is an impression that he was shifted because of his rulings. There was a similar transfer in 2019 when the then Chief Justice V K Tahilramani of the same high court was suddenly transferred to the Meghalaya High Court. She had reputation for impartiality and competence. The judge felt so humiliated that she resigned without accepting the transfer. </p>.<p><strong>Also read: <a href="https://www.deccanherald.com/national/south/madras-hc-cj-leaves-chennai-without-customary-farewell-1051764.html" target="_blank">Madras HC CJ leaves Chennai without customary farewell</a></strong></p>.<p>Justice Banerjee has been transferred from one of the country's oldest and biggest high courts with a strength of 75 judges to a court with just four judges. A resolution of the Madras Bar Association has spoken of the "opaqueness" surrounding the transfer. It has been seen as a violation of the "Memorandum of Procedure" on the transfer of judges. The representation to the Supreme Court said that “short tenures and abrupt transfers’’ of judges would harm the working of the courts. It said that "even if the Collegium is privy to information that may have prompted such a drastic measure, members of the Bar and the public have a right to know the reasons for this transfer". It is unfortunate that there is no response. </p>.<p><strong>Watch the latest DH Videos here:</strong></p>
