Inference likely to be drawn that he is being punished: CJAR urges recall of Justice Sanjib Banerjee transfer

The Campaign for Judicial Accountability and Reform (CJAR) has sought the recall of the Supreme Court Collegium’s decision to transfer Justice Sanjib Banerjee from the Madras High Court to the Meghalaya High Court..The statement pointed out that in the absence of any material justification for the transfer, an adverse inference was likely to be drawn that Justice Banerjee was “punished” for some reason since he was transferred from a larger, well-established High Court to a smaller one.“While every High Court is equal in the eyes of the Constitution and enjoys the same powers, we cannot but note that the transfer of a judge from a larger, well established High Court to a smaller one, is perceived as punitive,” read the statement..CJAR also highlighted Justice Banerjee’s exemplary record as Chief Justice of the Madras High Court. The representation made by advocates of the Madras High Court to the Collegium was noted as a sign of the respect that Justice Banerjee enjoyed with the Tamil Nadu Bar.“Not only has he upheld the highest traditions of impartiality and neutrality to adjudication, he has shown his commitment to constitutional values in numerous cases relating to the management of Covid, free speech on the internet, secularism and free and fair elections in the State of Tamil Nadu.”.Disappointment and concern was also expressed at the absence of a timely, reasoned decision since the resolution was dated September 16, but was only made public on November 9. It goes on to state,"Whether it is in the refusal to nominate Justice Akil Kureshi, the acquiescence of the Union Government’s pick-and-choose policy for appointment of High Court judges or the lack of strong backing given to nominees who are being rejected without reasons by the Union Government, we find a consistent pattern of the collegium refusing to conform to the Second and Third Judges’ cases and the Memorandum of Procedure prepared in accordance.".Therefore, CJAR sought the following:1. Recall its resolution to transfer Justice Banerjee from the Madras High Court to the Meghalaya High Court.2. Place on record the material and the basis for the decision to transfer Justice Banerjee from the Madras High Court to the Meghalaya High Court.3. Uphold the independence and integrity of the judiciary in the manner in which it participates in the judicial appointment process..[Read Statement]