Chief Justice of Calcutta HC moves to Bombay HC

After a prolonged struggle between the Supreme Court and the Union government, the ball has started rolling on transfer and posting of judges.

In a significant development, Chief Justice of Calcutta High Court Manjula Chellur has been transferred to Bombay High Court and asked to take oath by  August 24.

Justice Girish Chandra Gupta, the senior-most Judge of the Calcutta High Court,  has been appointed to perform the duties of Chief Justice of Calcutta High Court with effect from the date Justice Chellur relinquishes charge as Chief Justice.

This order is significant as the tussle between Supreme Court and the Union government had stalled the transfer and appointment of new judges for the last ten months.

The apex court was in favour of the existing collegium system, while the Centre favoured a greater say of the executive in judicial appointments.

The government also refrained from making any commitment in Rajya Sabha on bringing a fresh law on appointment of judges after the previous legislation was struck down by the Supreme Court on Tuesday. 

Meanwhile, the entire judicial system was caught in a limbo, as more than 400 cases are pending. 

In many High Courts, Chief Justices whose tenure had ended were still continuing in the top judicial positions, like Chief Justice of Bangalore High Court Subhra Kamal Mukherjee.

According to sources, several cases of transfer and fresh appointment, a  recommendation has been forwarded by the Law Ministry to the President of India Pranab Mukherjee for his approval, as per convention.

President Mukherjee reported, examined and forwarded it back to the ministry as per convention.

In the last month, The Supreme Court collegium is said to have recommended  the transfer of two judges from Rajasthan back to the Punjab and Haryana High Court after the Centre said it was not advisable to have several judges from the same high court in another high court.

Justices Jaishree Thakur and Anupinder Singh Grewal were transferred to Rajasthan from the Punjab and Haryana High Court soon after they were elevated as judges from the bar. After their transfers, the number of judges from the Punjab and Haryana High Court posted at the Rajasthan High Court had risen to five.