NEW DELHI: In a stunning growth, Supreme Court docket’s five-judge collegium led by CJI BR Gavai has spelled out the explanation — Union govt’s objection — for altering the switch vacation spot of Madhya. Pradesh HC’s Justice Atul Sreedharan from Chhattisgarh HC to Allahabad HC.Two months in the past, the collegium had uploaded a press release on its August 25-26 conferences that resulted in recommending Heart switch 14 judges from HCs the place they had been discharging their duties to different ones. Justice Sreedharan’s identify figured on the high of the listing, specifying that he was being transferred from MP HC to Chhattisgarh HC.
On October 14, the collegium assertion mentioned it acceded to the federal government’s request for reconsideration of Justice Sreedharan’s switch to Chhattisgarh, the place he would have been senior sufficient to be a part of the HC. collegium, and “resolved to suggest” his switch from MP HC to Allahabad HC, the place he wouldn’t be within the collegium.This incident brings to fore the growing affect of Centre, which previously has stalled or lengthy delayed giving impact to three-judge SC collegium choices recommending appointments of a number of individuals as HC. judges, within the sphere of transfers. SC by way of its judgments had given primacy to the collegium in issues of appointment and transfers of HC and SC judges.Curiously, suggestions of the identical five-member collegium for appointment of SC judges have been notified with excessive expedition, generally in 48 hours, by the federal government previously. Nevertheless, a number of suggestions by the collegium, comprising CJI and 4 most senior judges, for transfers have been selectively put in chilly storage by the federal government with out assigning any purpose. Surprisingly, the SC collegium by way of CJI has not made makes an attempt to offer impact to its suggestions pertaining to transfers.This has left these HC judges, whose transfers have been advisable by the collegium however not given impact, in a piquant scenario — whether or not to take up circumstances that require detailed listening to or to wind up. pending work.An analogous incident came about eight years in the past. Then 5-J collegium led by incumbent CJI Dipak Misra had advisable switch of Karnataka HC’s Justice Jayant Patil, who throughout his stint at Gujarat HC had ordered a probe into the Ishrat Jahan case, to Bombay HC.The federal government instantly conveyed its disagreement to the proposal. The collegium hurriedly met on the residence of one of many judges and adjusted the switch vacation spot to Allahabad HC. Justice Patil tendered his resignation to the President.