Madras High Court advocates led by Advocate NGR Prasad stage silent protest against transfer of Chief Justice Sanjib Banerjee

On Monday, advocates of the Madras High Court staged a silent protest outside the Court seeking a review of the decision by the Supreme Court Collegium to transfer Chief Justice Sanjib Banerjee to the Meghalaya High Court..The protest was spearheaded by Advocate NGR Prasad. Speaking to Bar & Bench, he pointed out that the untimely transfer came ten months into the Chief’s tenure, despite his remaining term till 2023..Prasad noted that the Chief "was doing very well", even during the Covid and he was a very bold, forthright judge. Therefore, the move appeared as though it was a punishment.“He has got a term till 2023, no reasons have been given by the collegium as to why he’s been transferred that too from a High Court that consists of 75 judges to a Court where there are only 2-3 judges… No reasons have been given and this looks as though this is a punishment”.He explained that the general impression was that because Chief Justice Banerjee had been forthright in his views and his decisions, he was being transferred and such perception could create fear in the mind of other judges.“The general impression is that because he’s been very forthright in his views and his decisions, he’s being transferred to Meghalaya. This creates a fear in the minds of other judges that if they also give judgments boldly and fearlessly, they may also run the risk of being transferred.”.Another reason for criticism of the decision was stated to be dissociation in the Court’s work, especially with existing arrears.”Litigants are waiting for cases to be disposed of. It is not like a normal transfer of a government servant.”.Advocate Prasad also drew attention to the memorandum of procedure which requires reasons for transfers to be recorded in writing.“The memorandum of procedure says that the Supreme Court collegium should record in writing reasons and that is to be given to the concerned Chief Justice who’s going to be transferred. Here, we don’t know whether the reasons have been recorded in writing and they have not been given to the Chief Justice of Madras.”.Explaining the need for a fearless judiciary, he remarked that such acts on the collegium’s part undermine the confidence of the judiciary.“If the collegium is going to exercise power in this manner without reasons, it undermines the confidence of the judiciary. We need to have a fearless judiciary. Judges will not know where they will be next. That’s a very important thing you see, for example, Justice Qureshi was transferred like this. Such transfers are taking place! If transfers are going to happen like this, we’ll have judges without judiciary, the judiciary is something fearless.”