Bar lost 6-7 seats: Kirti Uppal writes to Collegium against transfer of judges to Delhi High Court

Senior Advocate and former Delhi High Court Bar Association (DHCBA) President Kirti Uppal has written to the Chief Justice of India (CJI) and the Supreme Court Collegium expressing concerns over the transfer of six judges from various High Courts across the country to the Delhi High Court. 

Uppal said that the move “changes the entire complexion” of the Delhi High Court by pushing the existing judges lower down the seniority list. 

“At the risk of sounding or being labeled as a sycophant, I would like to say that as a result of the recent reshuffling and transfer of Hon’ble Judges from other High Courts, many senior Judges of our Delhi High Court have been pushed down in the line of seniority. However while there is a palpable sense of disappointment there is also a complete silence, silence due to fear because of which, no one has been able to voice their concerns,” the letter stated. 

He said that it is difficult to comprehend the reasons necessitating the reshuffle, which significantly diminishes opportunities for local advocates to be elevated to the Bench.

Uppal further said that because of these transfers, the Bar has lost six to seven judges' seats.

“As mentioned above, our bar maintains great respect for the Hon’ble Judges transferred, who have taken office at the Delhi High Court, however, there is a sense of sadness and gloom in the corridors of the High Court and it is felt that this has adversely affected the growth of our Bar and questions are being asked that are such talented advocates not capable enough to be chosen for elevation. It is my humble submission that certainly they are capable and need to be considered for elevation as Judges of this Court.”

Justices V Kameswar Rao, Nitin Wasudeo Sambre, Vivek Chaudhary, Om Prakash Shukla, Anil Kshetarpal and Arun Kumar Monga recently took oath as the judges of the Delhi High Court. Notably, the Delhi High Court is Justice Rao’s parent High Court. 

These transfers altered the intra-court seniority and also impacted the composition of the Collegium.

Before the transfers, Justice Prathiba M Singh was a part of the High Court Collegium along with Chief Justice DK Upadhyaya and Justice Vibhu Bakhru.  The position of Justice Bakhru, who has been elevated and transferred as Chief Justice of Karnataka High Court, has been filled by Justice Rao.

Since Justice Sambre is senior to Justice Singh, it means she is no longer a part of the Collegium at present. She is now fifth in seniority after Justice Chaudhary. 

In his letter, Uppal said that when a young lawyer starts his or her career, there is a sense of hope that one day he or she will also get the opportunity to adorn the Bench. 

External transfers risk sidelining such aspirations, as judges from other jurisdictions may lack personal knowledge of local lawyers’ abilities, he said. 

“If a lawyer who has built up a reputation by spending 22-25 years in the profession is ignored and not given the due opportunity to be elevated, and the seats are filled up by Hon’ble Judges coming from outside the parent High Court, a situation would arise where such lawyers who are now aged about 45-48 years will have to restart and reestablish their name and reputation as they would be at a disadvantage since the Hon’ble Judges coming from outside the Delhi High Court will not have personal knowledge about their caliber and talent and would go by acquired knowledge which may not be impartial or accurate.”

Drawing a parallel with past judicial controversies, Uppal cautioned against repeating the supersession episodes of the 1970s and 80s which, he said, had eroded public trust in the judiciary.

“It is the confidence in the men and women who administer the judicial system that is the true backbone of the rule of law,” he concluded.