Former GHCAA President demands lawyers' meet over sudden roster changes at Gujarat High Court

Senior Advocate Asim Pandya, who has been the President of Gujarat High Court Advocates' Association (GHCAA) in the past, has demanded a General Meeting of the lawyers' body to discuss the recent changes of roster at the Gujarat High Court.As reported by the Bar & Bench today, Justice Sandeep N Bhatt's roster was changed just a day after he raised serious questions over the conduct of a judicial officer in the High Court Registry.Pandya in a letter to the GHCAA President Brijesh Trivedi said this was the second time in recent weeks when a judge's roster has been changed. "Two recent incidents of Hon’ble Chief Justice of the High Court of Gujarat suddenly taking away the business pertaining to contempt of court from one particular judge of the High Court of Gujarat and transferring the said business to another bench and the second incident of notifying the whole new roster with a cosmetic change by making an independent judge who was sitting as a single judge taking up criminal matter of quashing to sit in the bench of two judges, raise a question for the members of the Bar whether such decisions of the Hon’ble Chief justice should be tolerated or should be objected," the senior counsel said in a letter..He said these two developments have far-reaching impact on the fundamental rights of the citizens, the rule of law and independence of judiciary. Pandya added that while one of the judges was furious over non-implementation of court orders, the other was critical of police abuse."One Hon’ble Judge had been very furious against the defiant government officers facing the charge of contempt of court and who was prompt in getting the orders of the court implemented through contempt jurisdiction. Another Hon’ble Judge had been making scathing remarks about the police abusing its power in entertaining applications involving a civil dispute or facts not indicating commission of a cognizable offence and pressurizing the parties to settle their disputes through police machinery. Another incident that might have prompted the Chief Justice to change the roster was the remarks made by the second judge against the current Registrar (SCMS & ICT) with regard to missing files ...".Though Pandya acknowledged that Chief Justice is the master of roster, he also asked whether the sudden changes after critical comments of judges augers wells for the independence of judiciary."There is no dispute on the proposition of law that the Chief Justice is the master of roster and he or she is entitled to assign any business to any judge any time in the interest of administration of justice. The question is that when a particular business of a judge is suddenly taken away from him and assigned to another bench or the entire roster is re-notified with only a cosmetic change of asking a judge who had openly criticized the high court registry for the missing files and also police for abusing police machinery for settling civil disputes in contravention of the provisions of the applicable criminal law, does it auger well for the judicial independence of the institution?".Pandya called upon lawyers to back the judges who have been given "unfair treatment" for views either expressed during the hearing of a case or in the written order."If this kind of treatment is tolerated, we will lose independent judges. Three years back we stood up against the unjust transfer of an independent and relief-oriented judge and successfully prevented his transfer from the Gujarat High Court another high court. The Bar must defend such judges to see that the rule of law and judicial independence is maintained at all costs else we will lead anarchy in the society," Pandya's letter said. .Pandya has asked the GHCAA President to call an extraordinary general meeting on February 17 to pass an appropriate resolution.