DHCBA women lawyers write to CJI opposing sudden transfer of Justice Tara Vitasta Ganju

Women advocates of the Delhi High Court Bar Association (DHCBA) have written a letter to the Chief Justice of India (CJI) BR Gavai, requesting a reconsideration of the Supreme Court Collegium recommendation to transfer Justice Tara Vitasta Ganju from Delhi to the Karnataka High Court.

The letter dated September 2 has been signed by 66 women advocates of DHCBA, including Senior Advocates Arundhati Katju, Geeta Luthra, Malavika Rajkotia, Swathi Sukumar, Diya Kapur, Malvika Trivedi and Kaadambari Singh.

It states that Justice Ganju is a person of the highest professional integrity.

"We, the women lawyers of the Delhi High Court Bar Association are by this letter registering our protest about the sudden transfer of Hon’ble Ms. Justice Tara Vitasta Ganju, Judge, Delhi High Court, who has been a member of the Delhi High Court and our colleague for 30 years, and we know her to be a person of the highest professional integrity, with an unblemished record."

The lawyers also highlighted that Justice Ganju has one of the highest case disposal rates, while urging the CJI to reconsider the proposal to transfer the judge to another High Court.

"Justice Ganju, who is a revered Judge at Delhi High Court, has had an unblemished record at the Bar. At the Bench, she is recognized as a competent Judge with exceptional legal acumen, delivering justice with dedication, integrity and fairness. She encourages the young Bar to argue matters, to boost their confidence. She has one of the highest disposal rate, effectively disposing of matters, reducing the pendency, which is also a respite to languishing litigants," their letter says.

Notably, the advocates have flagged concerns about the general lack of transparency in judge transfers as well.

"The wider issue of lack of transparency on the matter of transfers that lead to frenzied rumour mills that do a disservice on the issue of institutional integrity. The frequent transfers of our valued Judges is undermining the confidence of the Bar, who have nurtured fine judges in the ethos of our own unique traditions," the letter states.

The letter adds that the reasons for such transfers ought to be disclosed and that a transparent procedure should be put in place when it comes to the transfer of judges.

"If indeed Judges are transferred, they and their Bar are surely in the right to demand cogent reasons ... We therefore, respectfully protest the transfer of Justice Tara Vitasta Ganju and humbly request that our protest be registered and her pending transfer be reconsidered. Further, we request transparent transfer procedures that would help improve the institutional integrity that we, as officers of the Court, are as concerned about, as any member of the Bench would be," the letter states.

The Supreme Court Collegium had last week recommended the transfer of two Delhi High Court judges - Justices Tara Vitasta Ganju and Arun Monga - to the Karnataka and Rajasthan High Courts, respectively. These are yet to be cleared by the Central government.

The DHCBA also recently wrote to the CJI and the Supreme Court Collegium expressing concerns over the recent spate of transfers of judges in and out of the Delhi High Court.

In a letter dated September 1, DHCBA has said that these transfers have generated unease among lawyers practicing before the Delhi High Court as well as the institution itself.

94 Delhi-based advocates have written to the CJI as well on the issue, urging a reconsideration of Justice Ganju's proposed transfer.

[Read Letter]