NEW DELHI: In a surprise development, the five-judge bench of the Supreme Court headed by CJI BR Gavai has explained the reason – Union government’s objection – for changing the transfer target of Madhya Pradesh HC judge Atul Sreedharan from Chhattisgarh HC to Allahabad HC.Two months ago, the collegium had uploaded a statement at its August 25-26 meetings recommending that the Center transfer 14 judges from HCs where they were discharging their duties. Justice Sreedharan’s name was at the top of the list stating that he was transferred from MP HC to Chhattisgarh HC.On October 14, the collegium statement said it had acceded to the government’s request for a reconsideration of the transfer of Justice Sreedharan to Chhattisgarh, where he would have been senior enough to be part of the HC collegium, and “resolved to recommend his transfer from MP HC to Allahabad HC”, where he would not be a part of the collegium.This incident highlights the increasing influence of the Center which in the past has stalled or delayed for a long time the implementation of the decisions of the three-judge SC collegium recommending appointment of several people as HC judges in the area of transfers. The SC, through its judgments, had given primacy to the collegium in matters of appointment and transfer of HC and SC judges.Interestingly, recommendations of the same five-member collegium for appointment of SC judges have in the past been communicated by the government with extreme haste, sometimes within 48 hours. However, several recommendations made by the collegium, comprising CJI and four senior judges, for transfers were selectively put in cold storage by the government without giving any reasons. Surprisingly, the SC collegium through CJI has made no attempts to give effect to its recommendations regarding transfers.This has put the HC judges, whose transfer was recommended by the collegium but not implemented, in a delicate situation – be it dealing with cases that require detailed hearing or completing pending work.A similar incident occurred eight years ago. Then, the 5-J collegium headed by acting CJI Dipak Misra had recommended transfer of Karnataka HC judge Jayant Patil, who had ordered an inquiry in the Ishrat Jahan case during his stint in Gujarat HC, to Bombay HC.The government immediately expressed its rejection of the proposal. The collegium hurriedly met at the residence of one of the judges and changed the destination for transfer to Allahabad HC. Justice Patil submitted his resignation to the President.
