16 HC judges transferred during emergency; now 24 judges transferred in one go by Collegium: Justice Bibek Chaudhuri

During the 1975 emergency, at least 16 judges of different High Courts were transferred in one go and now after 48 years (since the emergency) 24 judges have been transferred in one go by the Collegium, Justice Bibek Chaudhuri of the Calcutta High Court said on Monday..Justice Chaudhuri has been transferred to the Patna High Court and a notification to this effect was issued by the Central government on November 13. This was in pursuance to a recommendation by the Supreme Court Collegium on August 11.Notably, the Supreme Court collegium has recommended transfer of 24 judges. On Monday, Justice Chaudhari said he will become part of the history."Our Chief Justice (TS Sivagnanam) always tells me that I am an outspoken judge. So, when this is the last meeting with you, I must say that during the 1975 emergency, 16 judges of different High Courts were transferred in one go. After almost 48 years, now 24 judges have been transferred by the Collegium in one go. Therefore, I am one of the beginners of the change of shifting of power from the hands of the executive to the hands of the judiciary," Justice Chaudhuri said.The judge was speaking at his farewell function organised by the High Court.He pointed out that by a policy decision on January 28, 1983, the Government of India had decided that the Chief Justice of each High Court must be from some other High Court."The government decision also mandated that one third of the judges of each High Court must be from outside. I think by our transfer this is the beginning of the introduction and implementation of that policy," Justice Chaudhuri said.He further said that he will be taking charge at the Patna High Court on November 24. However, he added that he would not be in a position to discharge his judicial duties for a few more days at Patna as he will have to make arrangements for his family. "It (not discharging duties for several days) might not have happened if I and all the transferred judges had the opportunity to work in their parent High Courts," he added..Justice Chaudhuri was elevated as a judge of the Calcutta High Court in 2018. He served as a judge in the district judiciary and as a registrar at the High Court from 2011.In his speech, the judge recounted that he has served under 11 Chief Justices.Justice Chaudhuri went on to point out that his transfer could have been avoided had Chief Justice Prakash Srivastava followed the 'long-standing custom' of the High Court of having a service judge in the administrative and transfer committee of the High Court."My association with the High Court started with Chief Justice Jay Narayan Patel. I have worked under 11 Chief Justices. Although I saw that these Chief Justices, in their administrative and transfer committee, inducted senior-most judge elevated from the service as a member. However, when my turn came during the tenure of Chief Justice Prakash Srivastava, the long standing custom was neglected and denied to be followed," Justice Chaudhari said.It is the absolute power of the Chief Justice to form a committee of his choice, the judge added. But we consider that it is the custom and precedent that should be looked into, the judge said."I am not anchored (to) any post and I worked as per the directions of the Chief Justice but it is a matter of recognition of our long service of 32 years for the cause of the justice delivery system," Justice Chaudhuri further said..Justice Chaudhuri also disclosed that in his five years at the Calcutta High Court, he has disposed of about 6,000 cases. "So I can say I have tried to deliver justice to the citizens," the judge said.While concluding his speech, the judge thanked former Chief Justice Jyotirmoy Bhattacharya and Justices Dipankar Datta, IP Mukerji, Harish Tandon, Soumen Sen, Tapabrata Chakraborty, Joymolya Bagchi and Sabyasachi Bhattacharyya for helping him whenever needed.