M A I N   N E W S

3 newly appointed HC judges transferred
Saurabh Malik
Tribune News Service

The reshuffle Reports say Justice Anupinder Singh Grewal, Justice Jaishree Thakur and Justice BS Walia are being moved out of the HC While Justice Grewal and Justice Thakur are being sent to the Rajasthan High Court, Justice Walia is being transferred to the Jammu and Kashmir High Court

Chandigarh, November 18
Less than two months after they were elevated, three Judges of the Punjab and Haryana High Court have been transferred, leaving the legal fraternity astounded. None of the transferred Judges have kith and kin practicing in the high court; and the reason for their relocation has not been made apparent to the lawyers, leading to the demand for a more transparent transfer policy.

Available information suggests Justice Anupinder Singh Grewal, Justice Jaishree Thakur and Justice B.S. Walia are being moved out of the High Court. While Justice Grewal and Justice Thakur are being sent to the Rajasthan High Court, Justice Walia is being transferred to the Jammu and Kashmir High Court. They were elevated along with nine other Judges in September. The lawyers say they are baffled why these three Judges have been picked up for transfer.

The lawyers also believe such transfers will act as a deterrent and discourage the advocates from becoming judges. Otherwise also, the transfers come at a time when the high court is reeling under shortage of Judges. As of now, the high court has just about 57 Judges against the sanctioned strength of 85.

Their number will go down to 54 with the transfers. The problem is only expected to worsen as several Judges are retiring from the high court next year upon attaining the age of superannuation. The deficiency in number of judges is significant as it is directly linked to the problem of pendency of cases in the High Court.

Currently, more than two lakh cases are pending adjudication in the High Court alone. Many of the petitioners are no more there to pursue their grievances. When some of these cases are suddenly listed, the counsels are often at a loss, in the absence of complete records or instructions. Lawyers also believe that “one way ticket” from the Punjab and Haryana HC to the other courts is not helping. While Judges are being transferred out, the ones transferred years back are not being brought back.

Former Advocate-General of both Punjab and Haryana, Manmohan Lal Sarin, says it is imperative to have in place a standard transfer policy. “Transferring Judges with kith and kin practicing in the same high court is explicable. But they are being retained, while the others are being shifted out. In the absence of perceptible rationale, lucidity and elucidation, the transfers are leading to guesses and surmises,” he says.

Quoting his own example to underscore the deterrence that comes with the condition of transfer, Sarin says he was offered judgeship in 1992-93 with a rider. He was to be transferred to another state upon elevation. “I refused,” he asserts. Sarin says he was again offered judgeship after about six months by the then Chief Justice of India, this time without transfer. By that time his juniors in the profession had already been elevated.