CHENNAI: Amid protests from senior members of the legal fraternity, the Union Government on Monday formally notified the transfer of Sanjib Banerjee, Chief Justice of Madras High Court, to the Meghalaya High Court after the President granted his assent to the Supreme Court Collegium's recommendation.
Just hours before the notification, a section of lawyers had staged a silent protest outside the Madras High Court demanding withdrawal of the recommendation to transfer Banerjee, who took charge as Chief Justice only this January. Banerjee is the HC's third Chief Justice since 2018.
"In exercise of the power conferred under the Constitution of India, Hon. President of India, in consultation with Hon. Chief Justice of India, is pleased to transfer Shri Justice Sanjib Banerjee, CJ, Madras, HC as CJ, Meghalaya, HC," said a statement from the Department of Justice.
The Collegium made its September 16 decision to recommend Banerjee's transfer public only on November 9. Senior advocates and retired judges have questioned the move to transfer Banerjee from a chartered high court with a sanctioned strength of 75 judges to a relatively low-profile high court with a sanctioned strength of just four judges.
As many as 237 lawyers signed and sent the Collegium a letter requesting it to reconsider the decision while 31 designated senior counsels too had shot off a similar representation and sought an explanation for the transfer. The Madras Bar Association (MBA) and the Madras High Court Advocates Association (MHAA) too expressed displeasure and called for the recommendation to be revoked.
However, some advocates have disapproved of the protests on the ground of the response being "selective" as there were no such protests when some other judges and Chief Justice were transferred out of the Madras High Court.
The matter need not be "overplayed" these lawyers felt. In 2019, the Madras HC Chief Justice Vijaya K Tahilramani was also transferred to the Meghalaya High Court. However, after her request for transfer to be reconsidered was turned down, she resigned.
Justice Banerjee was hailed by advocates pitching for his continuation as forthright and bold in delivering judgments with a stamp of authority and force.
Notable among his orders was the warning to the Election Commission of India (ECI) that murder charges could be invoked for its failure to enforce Covid norms during the April elections to Tamil Nadu State Assembly.
His order on the the 10 per cent quota for economically weaker sections among upper castes in medical admission also made headlines. He had ordered that such a quota ought not to have been given without the prior approval of the Supreme Court.
The apex court set aside the HC's remarks in the case. He showed a lot of seriousness while issuing orders on conservation water bodies.