Lawyers cite ‘shortage of HC judges’ as reason for opposing judge’s transfer

Published - July 19, 2023 01:09 am IST - NEW DELHI

On July 13, the Delhi High Court Bar Association (DHCBA) passed a resolution stating that the transfer of Justice Gaurang Kanth, recommended by the Supreme Court Collegium and cleared by the Centre, would ‘adversely affect the dispensation of justice’.

On July 13, the Delhi High Court Bar Association (DHCBA) passed a resolution stating that the transfer of Justice Gaurang Kanth, recommended by the Supreme Court Collegium and cleared by the Centre, would ‘adversely affect the dispensation of justice’. | Photo Credit: File Photo

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The transfer of a judge from the Delhi High Court has prompted protests from a section of lawyers in the Capital.

On July 13, the Delhi High Court Bar Association (DHCBA) passed a resolution stating that the transfer of Justice Gaurang Kanth, recommended by the Supreme Court Collegium and cleared by the Centre, would “adversely affect the dispensation of justice” on account of a reduction in the strength of judges in the Delhi High Court.

“It is a matter of regret that while no attention is being paid regarding the process to fill up the existing vacancies in the Delhi High Court, the transfer of a sitting judge is being made, further reducing the existing strength of the Hon’ble judges in the Delhi High Court,” the DHCBA resolution stated.

Four days later, on July 17, lawyers at the Delhi High Court abstained from work in a “token protest” against the transfer of the judge to the Calcutta High Court. Hours after the protest, the Supreme Court said preventing courts from functioning is “not acceptable”.

Lawyer and activist Amit Sahni said the recent transfers and retirement of judges would bring the strength of judges at the Delhi High Court down to 43 against a sanctioned strength of 60.

“The collegium should have taken note of the shortage of judges in the Delhi High Court. Such a decision [to transfer Justice Kanth] should have been avoided for the next six months or till new judges were appointed at the High Court,” Mr. Sahni told The Hindu.

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