Effecting a significant revamp within the ranks of the upper judiciary, the Supreme Courtroom collegium has elevated 5 judges as chief justices of excessive courts and transferred 4 chief justices.
The choice was taken on the assembly of the collegium held on Monday that was chaired by Chief Justice of India (CJI) SA Bobde and attended by the 2 different senior-most judges, justice NV Ramana and justice Rohington F Nariman.
The record of transfers has raised some eyebrows, significantly that of justice JK Maheshwari, the chief justice of the Andhra Pradesh excessive court docket, who has been requested to swap positions with Sikkim excessive court docket chief justice AK Goswami.
Others who’ve been transferred embrace chief justice RS Chauhan of the Telangana excessive court docket to the Uttarakhand excessive court docket and chief justice Mohammad Rafiq from the Orissa excessive court docket to the Madhya Pradesh excessive court docket. Changing them would be the judges who’ve been elevated as chief justices.
There was friction between justice Maheshwari, who took over as Andhra Pradesh chief justice in October 2019, and Andhra Pradesh chief minister YS Jagan Mohan Reddy. In March this 12 months, the excessive court docket put a spoke within the state authorities’s determination to color panchayat buildings with the colors of the ruling social gathering . A month later, the excessive court docket put aside Reddy’s determination to introduce English because the medium of instruction in authorities faculties.
For months, the tussle between the federal government and judiciary within the state continued over a number of points, lastly reaching a flashpoint in September when the excessive court docket issued a gag order barring the media from reporting the contents of a primary data report (FIR) in a land scandal within the metropolis of Amaravati involving former advocate normal Dammalapati Srinivas and daughters of a sitting Supreme Courtroom choose, justice NV Ramana.
In October, Reddy wrote a letter to CJI Bobde, complaining that justice Ramana was making an attempt to affect circumstances within the excessive court docket to destabilize his authorities. This letter was launched to the media by Reddy’s principal advisor Ajeya Kallam at a press convention on October 10.
Notable amongst these elevated are justice S Muralidhar, whose guardian excessive court docket is Delhi. The collegium has beneficial that he be moved as chief justice of the Orissa excessive court docket. Justice Hima Kohli, the senior-most choose within the Delhi excessive court docket after chief justice DN Patel, has now been beneficial to turn out to be chief justice of the Telangana excessive court docket.
In March, justice Muralidhar was transferred from his guardian excessive court docket in Delhi to the Punjab and Haryana excessive court docket. The choice to switch him created a controversy as a result of it got here quickly after he pulled up Delhi police for not registering a primary data report (FIR) towards three leaders of the Bhartiya Janata Occasion (BJP) for allegedly inflammatory speeches they made within the run-up to the February riots in Delhi.
Justice Muralidhar, nonetheless, put the controversy to relaxation by clarifying in his farewell tackle at Delhi excessive court docket that the CJI had sought his consent in February to be transferred to the Punjab and Haryana excessive court docket.
Justice Muralidhar started his authorized apply in Delhi in 1987; he’s credited with the choice within the Naz Basis case (2009) through which he after which Delhi excessive court docket chief justice AP Shah decriminalized homosexuality, then punishable underneath Part 377 of the Indian Penal Code. This verdict, reversed by the Supreme Courtroom, was finally upheld by a Structure bench in 2018.
The opposite judges who had been beneficial for elevation as chief justices embrace justice Sanjib Banerjee, justice Pankaj Mithal and justice Sudhanshu Dhulia. Justice Banerjee, who’s presently serving within the Calcutta excessive court docket, has been beneficial to be moved as the brand new chief justice of the Madras excessive court docket. Justice Mithal’s guardian excessive court docket is the Allahabad excessive court docket the place he’s presently serving as a senior choose on the Lucknow bench. He has been beneficial to turn out to be chief justice of the Jammu and Kashmir excessive court docket. Justice Dhulia, who’s presently serving within the Uttarakhand excessive court docket, has been elevated as chief justice of the Gauhati excessive court docket.
The 5 different judges beneficial for inter-high court docket transfers embrace appearing chief justice of the Madhya Pradesh excessive court docket Justice Sanjay Yadav, who will transfer to the Allahabad excessive court docket. Equally, justice Rajesh Bindal, who’s the appearing chief justice of the Jammu and Kashmir excessive court docket, will transfer to the Calcutta excessive court docket.