CHENNAI: Two more advocates associations of Tamil Nadu on Sunday called upon the Supreme Court collegium to recall its September 16 recommendation to transfer Chief Justice of the Madras high court, Justice Sanjib Banerjee, to the Meghalaya high court.
The associations said Chief Justices must have a two-year term in at least large high courts like the Madras high court to enable them to make worthwhile contribution to the improvement and development of the institution.
While the Madras Bar Association (MBA) and the Madras High Court Advocates Association (MHAA) have sent representations urging the the apex court to reconsider the transfer, some designated senior advocates of the high court expressed their concern and anguish over the transfer of Justice Sanijb Banerjee through a separate representation.
“By the very nature of the unavoidable complexity that an institution such as a high court in India presents, it takes at least a year for a CJ, after assuming charge as the head of the judiciary, to understand the administration, composition, and challenges of the institution, apart from understanding the local practices, culture and language,” said the senior lawyers in their representation.
‘Contant transfers, postings left Madras HC in a state of flux’
“… constant transfers and postings have left the Madras high court in a state of constant flux. Such short-lived tenures at the apex of the court’s hierarchy in a state bodes ill for the health of the institution and the justice delivery system,” the representation said. The MBA, in a resolution passed at the emergency general body meeting on Sunday, has also requested the Union government to remit the recommendation back to the collegium for fresh consideration.
The MBA has also recorded its concern over the transfer of Justice T S Sivagnanam to the Calcuta high court. The MHAA said it was distressed at the transfer proposal. “It is necessary to point out that in the last three years, we had three Chief Justices with intervening Acting Chief Justices at the helm of affairs,” the associations said.