‘Govt objection’: SC collegium tells reason for Justice Sreedharan’s transfer change

NEW DELHI: In a astonishing development, Supreme Court’s five-judge collegium led by CJI B R Gavai has spelled retired the crushed — Union govt’s objection — for changing the transportation destination of Madhya Pradesh HC’s Justice Atul Sreedharan from Chhattisgarh HC to Allahabad HC.Two months ago, the collegium had uploaded a connection connected its August 25-26 meetings that resulted successful recommending Centre transportation 14 judges from HCs wherever they were discharging their duties to different ones. Justice Sreedharan’s sanction figured astatine the apical of the list, specifying that helium was being transferred from MP HC to Chhattisgarh HC.On October 14, the collegium connection said it acceded to the government’s petition for reconsideration of Justice Sreedharan’s transportation to Chhattisgarh, wherever helium would person been elder capable to beryllium portion of the HC collegium, and “resolved to recommend” his transportation from MP HC to Allahabad HC, wherever helium would not beryllium successful the collegium.This incidental brings to fore the expanding power of Centre, which successful the past has stalled oregon agelong delayed giving effect to three-judge SC collegium decisions recommending appointments of respective persons arsenic HC judges, successful the sphere of transfers. SC done its judgments had fixed primacy to the collegium successful matters of assignment and transfers of HC and SC judges.Interestingly, recommendations of the aforesaid five-member collegium for assignment of SC judges person been notified with utmost expedition, sometimes successful 48 hours, by the authorities successful the past.

However, respective recommendations by the collegium, comprising CJI and 4 astir elder judges, for transfers person been selectively enactment successful acold retention by the authorities without assigning immoderate reason. Surprisingly, the SC collegium done CJI has not made attempts to springiness effect to its recommendations pertaining to transfers.This has near those HC judges, whose transfers person been recommended by the collegium but not fixed effect, successful a piquant concern — whether to instrumentality up cases that necessitate elaborate proceeding oregon to upwind up pending work.A akin incidental took spot 8 years ago. Then 5-J collegium led by incumbent CJI Dipak Misra had recommended transportation of Karnataka HC’s Justice Jayant Patil, who during his stint astatine Gujarat HC had ordered a probe into the Ishrat Jahan case, to Bombay HC.The authorities instantly conveyed its disagreement to the proposal. The collegium hurriedly met astatine the residence of 1 of the judges and changed the transportation destination to Allahabad HC. Justice Patil tendered his resignation to the President.