Legal Associations Urge CJI Against Delhi HC Judge Transfer

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Legal Associations Urge CJI Against Delhi HC Judge Transfer

Synopsis

On March 29, 2024, three advocates' associations from the Calcutta High Court submitted a memorandum to the Chief Justice of India, Sanjiv Khanna, protesting the transfer of Delhi High Court judge Justice Dinesh Kumar Sharma to Calcutta High Court, citing concerns over the judge's reputation and past complaints.

Key Takeaways

  • Three associations jointly oppose the transfer.
  • Concerns raised over the judge's reputation.
  • History of short tenures in Calcutta High Court.
  • Request for the return of judges from other High Courts.
  • Impact on administration of justice questioned.

Kolkata, March 29 (NationPress) Three advocates’ associations from the Calcutta High Court have presented a unified memorandum to the Chief Justice of India, Sanjiv Khanna, expressing their objections to the recent directive for the transfer of Justice Dinesh Kumar Sharma from the Delhi High Court to the Calcutta High Court.

“While we acknowledge the routine nature of transfers in the administration of justice, we have grounds to believe that this specific transfer does not align with that norm. We suspect that this transfer is linked to allegations concerning the propriety and functioning of the Honorable Judge,” stated the joint memorandum, endorsed by the secretaries of the Calcutta High Court Bar Association, Calcutta High Court Bar Library Club, and the Incorporated Law Society of Calcutta, namely Sankar Prasad Dalapati, Sabyasachi Chaudhury, and Paritosh Sinha.

In their joint memorandum, the secretaries highlighted their awareness of serious complaints against the aforementioned Judge of the Delhi High Court since October 2024, which the office of the Chief Justice of India was also informed about.

“Being the oldest Constitutional Temple in the Country, the Calcutta High Court understandably should not have a transferred Judge with either a questionable reputation or a brief tenure. Our High Court has previously dealt with short stints of various transferred judges, who, despite being sent for enhanced administration of justice, effectively turned into a dumping ground,” the joint memorandum asserted.

The secretaries of the three associations further contended that such short tenures before retirement neither significantly impacted judicial responsibilities nor improved the administration of justice.

“The unfortunate history of having transferred Judges and their performances does not foster confidence; rather, it goes against the institution's interests. Instead, we earnestly request your Lordship to consider transferring back some of our Judges who are currently serving in various other High Courts,” concluded the joint memorandum.