Daijiworld Media Network - Pune

Pune, Jan 25: In a rare public criticism from within the higher judiciary, Supreme Court judge Justice Ujjal Bhuyan on Saturday questioned the collegium’s decision to transfer a high court judge at the request of the Central government, warning that such actions could undermine judicial independence and credibility.

Delivering the G V Pandit memorial lecture on “Constitutional Morality and Democratic Governance” at ILS Law College here, Justice Bhuyan observed that the executive has absolutely no role in the transfer and posting of judges. He cautioned that judges should not be seen as bending over backwards to justify the denial of liberty or human rights, stressing that “if we lose our credibility, nothing will be left of the judiciary.”

Referring to a recent collegium decision, Justice Bhuyan said that when the collegium records that a transfer was made at the request of the Central government, it reflects a serious intrusion of executive influence into a process that is constitutionally meant to remain independent.

In October last year, the collegium headed by then Chief Justice of India B R Gavai revised its earlier proposal to transfer Justice Atul Sreedharan from the Madhya Pradesh High Court to the Chhattisgarh High Court, instead recommending his transfer to the Allahabad High Court. The collegium had said the change was made following a government request.

The decision drew criticism as Justice Sreedharan, known for his independent approach, would have joined the High Court collegium in Chhattisgarh, while his seniority would be considerably lower in Allahabad. Earlier, he had taken suo motu action against a Madhya Pradesh minister over remarks against a serving woman Army officer.

Without naming Justice Sreedharan, Justice Bhuyan questioned whether a judge could be transferred from one high court to another merely for passing orders that were inconvenient to the government. “Does it not affect the independence of the judiciary?” he asked.