CHENNAI: The Madras Bar Association on Sunday passed a resolution asking the Supreme Court Collegium to reconsider its decision to transfer Madras High Court Chief Justice Sanjib Banerjee to the Meghalaya High Court. It also sought the reasons for the decision to transfer him.
An office bearer of the association told TNIE the resolution was passed unanimously in the Extraordinary General-body Meeting (EGM) in the presence of over 90 members. The resolution also urged the collegium to reconsider the decision to transfer Justice T S Sivagnanam from the Madras to the Calcutta High Court.
On November 10 and 11, over 250 advocates of the Madras High Court wrote to Chief Justice of India (CJI) NV Ramana and other senior judges of the Supreme Court raising a similar appeal. A representation, dated November 11, signed by senior advocates such as R Vaigai, V Prakash, NGR Prasad, and Sudha Ramalingam described the transfer recommendation as a “punitive measure” against “an honest and fearless judge.”
The advocates said Chief Justice Banerjee has consistently sought accountability from authorities at all levels in their discharge of constitutional and statutory duties. “The transfer of Chief Justice Sanjib Banerjee from the chartered Madras High Court with a sanctioned strength of 75 judges to the High Court of Meghalaya, established in 2013, with a current strength of just two judges, raises disconcerting questions, they said.
Speaking to TNIE, advocate NGR Prasad said judges who are functioning independently are getting replaced. “There are more martyrs than heroes. Transfers have become frequent. This will undermine the confidence of judges in adjudging boldly,” he said, alleging lapses in the ‘memorandum of procedure’ in the transfer of Justice Sanjib Banerjee.
Another representation, dated November 10, said, “...we are collectively unable, try as we may, to identify any easily discernible reason that could lend credence to the justification that this transfer has been necessitated in public interest or for better administration of justice.”
Striking a comparison between the Madras and Meghalaya high courts, senior advocates sought to know why a person having demonstrated capacity and talent to handle a large number of cases was being transferred to a place where no such requirements would arise.
The advocates expressed concern about the constant transfers at the top of the court hierarchy and said such a practice bodes ill for the health of the institution and the justice-delivery system. “In the last three years, we have had three Chief Justices with intervening Acting Chief Justices at the helm of affairs,” the advocates pointed out.
Chief Justice Sanjib Banerjee assumed office on January 4 this year and is due to retire in November 2023.
Meanwhile, a section of advocates said they would organise a ‘silent protest’ on NSC Bose Road on Monday.