The Delhi High Court Bar Association has expressed serious concern at a recommendation of the Supreme Court collegium to transfer Justice Gaurang Kanth to Calcutta High Court, and said this would adversely affect the dispensation of justice because it would lead to a reduction in strength of the court. It has asked its members to abstain from work on Monday, 17 July, to express “token protest” at the move.
The Bar Association expressed regret at the fact that the transfer had been recommended “while no attention” was being paid to filling up vacancies in the High Court. It requested the collegium to revisit the recommendation and said it was also writing to the Union government to ask it not to act on it. Besides Justice Kanth, the Collegium had earlier this month recommended the transfers of two other judges ~ of Justice Manoj Bajaj from the Punjab & Haryana High Court to Allahabad High Court and of Justice Dinesh Kumar Singh of the Allahabad High Court to Kerala High Court.
All three judges had represented to the Collegium to amend their recommendations. While Justice Bajaj had asked to be retained at Chandigarh, the other two judges had asked that transfers be made to High Courts in neighbouring states.
On Wednesday, the Supreme Court collegium comprising Chief Justice DY Chandrachud, Mr Justice Sanjay Kishan Kaul, Mr Justice Sanjiv Khanna, Mr Justice B R Gavai and Mr. Justice Surya Kant, decided to stick to its recommendations.
In its order regarding Justice Kanth put up on the website of the apex court, the Collegium said: “In terms of the Memorandum of Procedure, we have consulted one of the Judges of the Supreme Court who being conversant with the affairs of the High Court of Delhi is in a position to offer views on the proposed transfer. The Chief Justices of the High Court of Delhi and High Court at Calcutta whose opinion was sought in terms of the Memorandum of Procedure have also conveyed their no objection to the proposed transfer of Mr Justice Gaurang Kanth.
“Mr. Justice Gaurang Kanth, however, vide representation dated 07 July 2023 has requested, on grounds indicated therein, for transfer to the High Court of Madhya Pradesh or Rajasthan or any other neighbouring State. We have carefully gone through the request made by Mr. Justice Gaurang Kanth in his representation, and bestowed our thoughtful consideration to the contents thereof. The Collegium does not find any merit in the request made by him. The Collegium, therefore, resolves to reiterate its recommendation dated 05 July 2023 to transfer Mr. Justice Gaurang Kanth to the High Court at Calcutta.”
Justice Kanth was appointed as a Judge of Delhi High Court on 18 May 2022.