[CJ Sanjib Banerjee transfer] Aware of protests but transfers determined by Collegium: Centre in parliament

The Central government on Friday said that it was aware of the protests that took place opposing the transfer Justice Sanjib Banerjee from Madras High Court to Meghalaya High Court..Union Minister for Law and Justice Kiren Rijiju, however, said that transfers of High Court judges are initiated by the Supreme Court Collegium and the decision of the Collegium is "determinative".Rijiju was giving a written reply to an unstarred question by Congress Member of Parliament (MP) from Tamil Nadu Manickam Tagore, during the fifth day of the parliament's winter session. Manickam sought to know whether any protests had taken place at the Madras High Court against Justice Banerjee's transfer and also queried about the reasons for the transfer and whether it was against the applicable rules. "Yes, some Senior Advocates and lawyers bodies of Madras High Court protested on the transfer of Chief Justice, Madras High Court as Chief Justice of Meghalaya High Court which was notified on November 15, 2021. Transfer of Chief Justice/Judge of High Court is recommended by the Chief Justice of India and the four senior-most puisne Judges of Supreme Court of India," Rijiju said.The Union Law Minister added that according to the existing Memorandum of Procedure, the Chief Justice of India is "empowered to initiate proposal of transfer of Chief Justices/Judges of High Courts and his opinion in this regard is determinative." He said that all transfers are made in public interest for the promotion of better administration of justice in various High Courts across the country. The Government of India notifies the transfers after approval from the President, it was stated. Last month, advocates of the Madras High Court had staged a silent protest urging the Collegium and the Central government to reconsider the decision to transfer then Chief Justice Sanjib Banerjee to the Meghalaya High Court.Lawyers had even written to the Collegium regarding the same. [Read reply]

[CJ Sanjib Banerjee transfer] Aware of protests but transfers determined by Collegium: Centre in parliament

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