‘Biggest transfer of High Court judges since Emergency’

Kolkata: Justice Bibek Chaudhuri, who has been moved to Patna High Court from Calcutta, said his transfer is indicative of the “beginning of a power shift” from executive to the judiciary.

During the 1975 Emergency, at least 16 judges of different high courts were transferred by the executive and now after 48 years, 24 judges have been transferred by the Collegium, he added.

“During the emergency in 1975, 16 judges of different high courts were transferred by executive decision,” Justice Chaudhuri said at his farewell on Monday where members of the bar and the bench of Calcutta High Court were present.

“After almost 48 years, 24 judges have been transferred from one high court to another by the Collegium of the Hon’ble Supreme Court,” he added.

Justice Chaudhuri said he is therefore “one of the beginners of the change of shifting of power from the hands of the executive to the hands of the highest seat of judiciary.”

He said on January 28, 1983, the Centre had decided the chief justices of high courts will be from an outside state and one-third of the judges of a high court must be from outside the state.

“I think our transfer is the beginning of the introduction and implementation of that policy,” he said. Stating that it was the desire of the Collegium to transfer him to Patna High Court, he said when he was elevated to the higher judiciary, he knew that the Constitution contains a provision under Article 222 that a judge can be transferred.

“But at the same time, with all humility, I must say that the judicial pronouncements are there that the Article 222 should be looked into; should be considered very sparingly,” he said.

Article 222 of the Constitution makes provision for the transfer of a judge, including chief justice, from one high court to any other high court.

Justice Chaudhuri said soon after joining Patna High Court on November 24, he would have to take four days’ earn leave for making arrangements for his family.

“So I shall not be able to discharge my judicial duties in Patna on those days,” he said.

with agency inputs