Kolkata: For the first time in the history of the Calcutta High Court, the bar association lodged its protest over the appointment of new judges during an oath-taking ceremony Thursday.
During the 2 November event, bar association secretary Biswabrata Basu Mallick raised objections against the short tenures of at least two of the judges being sworn in, arguing that such appointments could only delay justice and impact the administration of the HC. However, the oath-taking ceremony was completed according to procedure.
Of the three judges in question — Justices Madhuresh Prasad, Surya Prakash Kesarwani and M.V. Muralidaran — the latter two have eight and five months of tenure left, respectively, before they retire.
Speaking in the presence of Chief Justice T.S. Sivagnanam, senior judiciary members and the new justices on behalf of the bar association, Basu Mallick said, “The bar association expresses its disagreement with these transfers. This transfer has taken place when the tenure of two honorable judges is five months and eight months.”
In his speech, which is available on the high court’s YouTube channel, he went on to say, “Members are not at all satisfied with this because what will we achieve from these judges who have an illustrious career prior to joining Calcutta High Court. I must say that before recommending the transfers, the authorities should have considered the tenure of the judges, bar association assures, we will always be with his lordships.”
“It’s a recent trend to appoint judges in Calcutta High Court who are due to retire in a few months. Six months aren’t enough to accustom oneself with the working of the high court, leave alone functioning. This is the first time we have raised an objection in an oath-taking ceremony to draw attention because writing letters to the authorities yields no response,” Basu Mallick added.
The three judges are among 16 transferred by the Supreme Court collegium, headed by CJI D.Y. Chandrachud, through a notification issued 18 October. This followed the collegium’s rejection of separate requests from Justices Muralidaran and Prasad.
The Calcutta High Court has a strength of 72 judges and 18 posts are currently lying vacant.
Speaking to ThePrint, Basu Mullick said, “Increasing the strength of the HC leads to better administration but these appointments we disagree with. If these judges retire while hearing a crucial matter or reserving a judgment, the cases have to be heard from scratch and will lead to delay in justice, which is our concern.”
He added: “We all know the tie the Centre and West Bengal share. It seems like the tussle has reached the high court too.”
Discontent all around?
Justice Muralidaran had sought permission to either stay on at the Manipur High Court or be transferred to his parent Madras High Court since he is due to retire in April 2024. As acting Chief Justice of the Manipur High Court, Muralidaran had in March directed the state government to consider the inclusion of Meitei community in the Scheduled Tribes list expeditiously, a move that was followed by ethnic violence in the state.
While the SC collegium turned down his request, it also didn’t find merit in Justice Prasad’s proposal that it be considered that his son’s board exams were due next February. “The Collegium, therefore, resolves to reiterate its recommendation dated 3 August 2023 to transfer him to the High Court at Calcutta,” said the 10 August resolution, which The Print has seen.
Justice Kesarwani, also the senior-most judge at the Allahabad High Court from where he has been transferred, is due to retire upon turning 62 in July.
(Edited by Smriti Sinha)
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