The Delhi High Court Bar Association (DHCBA) has raised strong concerns over what it termed the โalarming frequent transfersโ of judges in the Delhi High Court, urging Chief Justice of India B.R. Gavai and the Supreme Court Collegium to ensure greater transparency in judicial appointments and transfers.
In a letter addressed to the CJI on Monday, the bar body cautioned that the growing perception within the legal fraternity is that members of the Delhi High Court bar are being overlooked for elevation. Calling the situation โunfortunate,โ the association said the trend risks undermining confidence in judicial processes.
The DHCBA pointed to a โseries of transfersโ involving judges from Delhi to other high courts and vice versa in recent months. โThe transfers of several judges from this court to other jurisdictions have generated unease, not only within the institution but also amongst the members of the bar,โ the letter stated.
Highlighting the issue of representation, the association noted that nearly one-third of the Delhi High Courtโs current strength comprises judges from other states. โWhile the bar welcomes judges from other jurisdictions, the perception that local members are overlooked risks eroding morale and diminishing faith in the process of judicial elevation and transfer,โ it added.
The association stressed that although the power of appointment and transfer lies โexclusivelyโ with the collegium, the bar is an equal stakeholder in the administration of justice. โYet for reasons unknown the bar is invariably kept in the dark when crucial decisions regarding elevation and transfers of Justices are made,โ the letter said.
The communication called for a system that would involve wider consultation and openness, arguing that such measures would โnot only strengthen the faith of the legal fraternity but also enhance public faith in the judiciary.โ
The concerns echo a recent appeal made by senior advocate Vikas Pahwa, who wrote to the CJI on August 28 urging reconsideration of the proposed transfer of Justices Arun Monga and Tara Vitasta Ganju to the Rajasthan and Karnataka High Courts, respectively. Pahwa alleged that โunverified reportsโ unrelated to judicial work may have influenced the recommendations.
โIt is deeply concerning that unverified reports, wholly unrelated to the official duties or judicial work of these judges, may have influenced the proposal for their transfer. Judicial independence and continuity must be preserved,โ Pahwa stated.
