Chief Justice of the Uttarakhand High Court J.S. Khehar will replace Justice P.D. Dinakaran as the Chief Justice of the Karnataka High Court.
To expedite the process, the Supreme Court collegium headed by Chief Justice K.G. Balakrishnan decided to transfer Justice Khehar to the Karnataka High Court instead of elevating the acting Chief Justice of Delhi High Court Madan M. Lokur and posting him there , said highly placed sources.
It was felt that for the routine transfer of a Chief Justice from one High Court to another , the consent of the State government concerned was not required. However, for appointing a new Chief Justice by elevating the seniormost judge of a High Court, the State government's consent was required.
Since the transfer of Justice Dinakaran is to take place very soon, the collegium wanted the vacancy to be filled immediately. Hence Justice Khehar was being shifted to the Karnataka High Court, the sources said.
Other transfers/elevations were also finalised on Friday. Justice Lokur is being elevated as Chief Justice of the Gauhati High Court in June. Justice R.S. Garg of the Madhya Pradesh High Court is already recommended for elevation as Chief Justice of the Gauhati High Court and he will retire in June. Justice Lokur will take over after Justice Garg's retirement.
Chief Justice of the Jammu and Kashmir High Court Barin Ghosh, who was earlier recommended for the Sikkim High Court, is being shifted as Chief Justice of the Uttarakhand High Court. Chief Justice of Sikkim High Court Aftab.S. Saikia is being shifted to the J&K High Court as its Chief Justice.
The Chief Justice of the Patna High Court Deepak Misra is being transferred as Chief Justice of the Delhi High Court. The seniormost judge of the Andhra Pradesh High Court, Justice T. Meenakumari, is being recommended for elevation as Chief Justice of the Himachal Pradesh High Court.
Sikkim Bar protests
PTI reports from Gangtok:
Meanwhile, the Sikkim Bar Association opposed the transfer of Justice Dinakaran and appealed to the Supreme Court to reconsider the decision. The association, at an emergency meeting, decided to boycott the swearing in of Justice Dinakaran as well as the court he will preside over.
“How come the person is fit to discharge judicial duties in one State if he has not been found worthy of doing the same in another State,” asked association president D.R. Thapa.
