New Delhi: President Droupadi Murmu has directed Justice J. Nisha Banu, who has not abided by the order of her transfer to Kerala High Court notified by the Centre nearly two months ago, to assume charge at the court on or before 20 December. The directive was issued through a notification dated 12 December, following consultation with Chief Justice of India Justice Surya Kant.
“The President, after consultation with the Chief Justice of India, is pleased to direct Smt. Justice J. Nisha Banu, Judge, Madras High Court to assume charge of her office in the Kerala High Court on or before 20.12.2025,” the notification read.
The development comes against the backdrop of Justice Banu being on leave and seeking an extension till 20 December, following which CJI wrote to the President, prompting the issuance of the directive.
Sources aware of the development told ThePrint that the notification was issued after CJI Suryakant received Justice Banu’s application requesting an extension of her leave till 20 December. Justice Banu has reportedly been on earned leave from the Madras High Court ever since her transfer was approved.
Justice Banu’s leave application was forwarded to the CJI’s office by Tamil Nadu Governor’s office. “It was then that the CJI learnt about Justice Banu not adhering to the transfer order,” a source said. Following this, the CJI wrote to the President, while accepting the judge’s leave request, urging for a fixed timeframe for her to assume charge of her office at the Kerala High Court.
Justice Banu’s transfer from Madras High Court to Kerala High Court was recommended by the Supreme Court Collegium on 27 August, 2025, as part of a larger set of 14 judicial transfers. The central government accepted the recommendation and notified the transfer on 14 October, 2025.
At the time of the notification, Justice Banu was the third senior-most judge of the Madras High Court and a member of its Collegium, as well as the senior-most woman judge of the court. Upon transfer, she would rank as the ninth senior-most judge in the Kerala High Court.
While Justice Banu stopped attending judicial work at Madras High Court from 14 October, she did not assume charge at Kerala High Court.
Responding to media reports, Justice Banu had told The Hindu last month that she had applied for earned leave at the Madras High Court in view of her son’s wedding, and had simultaneously sought reconsideration of her transfer. However, the delay in her joining has reportedly caused unease within sections of the Kerala High Court Bar Association.
Lawyers’ letter to President
Last month, a group of around 50 lawyers from Madras High Court had written to the President, Vice President, then CJI B.R. Gavai, Chief Justice of Madras High Court, Chief Justice of Kerala High Court, and Union Law Minister Arjun Ram Meghwal, objecting to Justice Banu’s delay in assuming her new role.
The letter had claimed that Justice Banu was intentionally delaying her joining to continue as part of Madras High Court Collegium for a longer period, alleging judicial indiscipline.
The controversy escalated after the Tamil Nadu government returned the Madras High Court Collegium’s recommendation dated 9 November, proposing the elevation of six district judges as high court judges. The state government did not raise objections to the suitability of any of the recommended candidates, but sought clarification on the constitution of the Collegium itself, citing the non-inclusion of Justice Nisha Banu and inclusion of Justice M.S. Ramesh, the next senior-most judge.
Meanwhile, several bar bodies from the Madurai Bench of the Madras High Court have opposed Justice Banu’s transfer, arguing that she should be retained in the Madras High Court, given her seniority. They have pointed out that she would drop to ninth place in seniority at the Kerala High Court.
(Edited by Mannat Chugh)