In an unprecedented move, several lawyers’ bodies at the Calcutta High Court have declared their intention to abstain from the swearing-in ceremony of Justice Dinesh Kumar Sharma, recently transferred from the Delhi High Court. The Bar Association, the Bar Library Club, and the Incorporated Law Society have expressed their discontent with the transfer, which they believe is not in the usual course of justice administration.
The joint representation sent to the Chief Justice of the Calcutta High Court also suggests that they may refrain from appearing before Justice Sharma’s court. This decision underscores the legal community’s serious reservations about the circumstances surrounding his relocation. “In the event, any determination is assigned to the Learned Judge, there is a possibility that our members may not appear before the Learned Judge,” stated the representation.
On Tuesday, the day Justice Sharma was officially transferred, lawyers demonstrated their protest by staying away from court proceedings, signaling deep-seated opposition within the local legal fraternity. The lawyers’ bodies had previously communicated their concerns to the Chief Justice of India, questioning the propriety of the transfer recommended by the Supreme Court’s Collegium.
The representation to the CJI highlighted concerns over the nature of the transfer: “While we are conscious of regular transfers in the usual course of the administration of justice, we have reasons to believe that this transfer does not fall in that category.” It also mentioned the potential detriment to the Calcutta High Court, which as the “oldest Constitutional Temple of the country,” purportedly “does not deserve to have a transferred judge with either a questionable image or a short stint.”
Moreover, the lawyers’ groups have planned other forms of protest to “effectively convey” their opposition to Justice Sharma’s transfer without disrupting the functioning of other courts. They have also appealed to the Additional Solicitor General and the Advocate General not to attend the swearing-in ceremony, marking a significant escalation in their protest actions.
