Unprecedented move of CJI to Transfer Four High Court Judges to different High Courts

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Delhi: The issue of Transfer of the Four Judges from Delhi High Court has been decided by the Apex Court of the country and it has transferred Justice Valmiki Mehta, Justice Suresh Kait, Justice V P Vaish and Justice Rajiv Shakhder to the other High Courts of the different states in India. And the move adopted by the Apex Court is non- precedented.

As noted by the Sources, soon after the decision was taken by the Chief Justice of India, T S Thakur, some from these four judges have also received the transfer letters from the Central Govt. and it was done after the President has approved the decision.

Thus, these four transferred judges will be holding the offices in the High courts of Gujarat, Meghalaya, Madras and Andhra Pradesh.

It was commented by the observers that such re- shuffling is very ‘rare’ and always seems exceptional as the concerned judges are from the middle- level seniority and as such they will not be joining the other high court as Chief Justice.

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It was also seen in this matter’s relation that other than Justice Vaish joined the bench from the bar and Justice Vaish was superior in High Court of Delhi from the subordinate judiciary and served as the registrar general previously.

Thus, it is notable that the present news can really be treated as move forward in the process of appointment. And it may be a next step after the NJAC was declared unconstitutional by the Apex Court.

The issue has also shocked the judges and in his comment one of the judge said that the Judges are generally, transferred out only if they are being appointed as Chief Justice of some High Court or getting superiority in the Supreme Court of India.

Thus, the move would have been taken looking to the vacancy in the high courts. As per estimate, there are 443 judges’ positions vacant in 24 High Courts in the country. Also, the collegium comprising of the Chief Justice of India had also earlier made the appointments of the judges of the High court of Gujarat and also High Court of Allahabad.

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Adv. Faim Khalilkhan Pathan