New Delhi: A decision by the Supreme Court collegium to transfer Justice Nikhil S. Kariel from Gujarat to Patna High Court ran into turbulence Thursday, with lawyers calling it a “death knell of an independent judiciary” and “victimisation of an honest judge”.
“We are here to mourn the death of the independent judiciary because of the transfer of Justice Kariel,” they told Gujarat HC Chief Justice Aravind Kumar. The advocates had assembled in the court of the chief justice around noon to voice their protest against Justice Kariel’s transfer.
Surprised to see his courtroom brimming with advocates, Chief Justice Kumar asked why there was such a “rush by the bar members”, to which the lawyers responded by expressing their anguish.
Later in the day at 2 pm, the Gujarat High Court Advocates Association (GHCAA) held an “extraordinary general body meeting” where they resolved to abstain from work.
“In such an unprecedented situation, it has been unanimously decided by the members of the Bar that there shall be protest and strong opposition against such steps and the members of the Bar will protest indefinitely till the issue is resolved by the honourable CJI and the collegium,” read the resolution passed by GHCAA.
It further stated: “It is reiterated that the transfer of such honest and upright judge for which the entire bar is vouching in one voice is not in right taste and is being strongly opposed as it strikes at the Rule of Law and Independence of Judiciary which are two prime edifice on which are constitution rests.”
The lawyers also plan to hold a peaceful protest outside the HC building Saturday morning.
Speaking to ThePrint, Prithvirajsinhji A. Jadeja, in charge president of GHCAA, said the entire bar has come out against the transfer order of the most “upright, honest and strong judge.”
“He was appointed in 2020 and in these two years, he has evolved as one of the finest judges of this HC. There is unanimity among the bar members — from the senior to the junior most — to support him. Not even a single member appeared in the courts after the resolution was passed,” he said.
Justice Kariel (48) was elevated to the Bench in 2020. He was enrolled as an advocate with the Bar Council of Gujarat in 1998 and practised in the areas of service law, civil and criminal laws before becoming a judge.
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First meeting of new collegium
In its first meeting since Justice Chandrachud took over as the CJI, the five-member collegium Wednesday recommended the transfer of three judges: Justice A. Abhishek Reddy from Telangana to Patna HC and Madras HC acting Chief Justice T Raja to Rajasthan HC, besides that of Justice Kuriel. Apart from CJI Chandrachud, the present collegium comprises Justices Sanjay Kishan Kaul, S.A. Nazeer, K.M. Joseph and M.R. Shah.
Though the notification was not posted on the top court’s official website, news about the transfer was flashed on social media platforms. Outraged by the top body’s decision, lawyers including senior advocates made their way to the chief justice’s courtroom in Gujarat HC in large numbers Thursday.
Told about Justice Kariel’s transfer, the chief justice asked the lawyers if they had seen the notification. The lawyers responded by saying that they read the news on social media. “We have come here to maintain two minutes of silence, nothing beyond that,” they told Chief Justice Kumar.
They then went on to ask the chief justice whether his consent was sought before the transfer was recommended. “Normally, the chief justice of the high court needs to be consulted before transferring a judge. Even the judge’s consent is required,” the lawyers said.
Realising that the proceedings were being live telecast, the chief justice asked the protesting lawyers to mute their mics and then asked the body of lawyers to meet him at 1:45 pm. Following this, the GHCAA issued a circular calling for an “extraordinary general body meeting” Thursday afternoon to discuss and pass an appropriate resolution on the collegium’s move to transfer Justice Kariel.
The GHCAA resolution, a copy of which was accessed by ThePrint, recorded the Bar’s “unprecedented presence of members” who in “one voice” expressed “strong displeasure and strong opposition” to the transfer.
“Justice Kariel is one of the finest, honest, upright and unbiased judges, whose honesty is being vouched by the entire Bar in one voice,” read the resolution. It was also resolved during the meeting to send a five-member delegation of the Bar comprising among others, GHCAA’s in charge president and secretary, to meet the CJI and other collegium members.
Another message condemning the transfer circulated by senior advocate Asim Pandya said the “improper” transfer seemed to be “victimisation of a very humble, thoroughly honest, bold, fearless and unbiased judge”.
“It is high time we must protest the transfer with utmost strength and force. Though, usually I am against strikes and boycotts, this is the most appropriate time to use this weapon in the armoury of advocates,” the message read.
Pandya added that he was even willing to face contempt of court for going on strike. “The issue is more serious than our personal cases on board. If independence of judiciary is sacrificed there will not be rule of law and the fundamental rights will be merely a paper declaration,” said the message, while calling on advocates to stay united and go on strike starting Friday.
(Edited by Amrtansh Arora)
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