Andhra HC Judge calls for collegium transparency over transfer proposals of Chief Justice of AP, Telangana HCs
Dec 31, 2020
Amaravati (Andhra Pradesh) [India], December 31 : A judge of High Court here has called for Supreme Court Collegium transparency in the wake of its transfer recommendations of Andhra Pradesh and Telangana High Court (s) Chief Justices.
Justice Rakesh Kumar observed that transfer of High Court Judges or its Chief Justices by the Supreme Court Collegium "may reflect some transparency".
Justice Rakesh Kumar in an order passed on Wednesday observed: "In that batch of cases, final hearing since one month was continuing by a Full Bench of this Court presided over by Jitendra Kumar Maheshwari, the Chief Justice of AP High Court. Immediately after the recommendation for his transfer by the Supreme Court, that too, after publicizing of contemptuous letter of accused/Chief Minister to the Chief Justice of India, hearing in the batch cases has been stopped. After his transfer, there is every likelihood that some time may be consumed in the reconstitution of the Bench and thereafter from zero hearing in those cases may commence."
"I am not raising any question on the transfer of Chief Justices, either of the High Court of Andhra Pradesh or of the High Court for the State of Telangana, but, at the same time, I am constrained to observe that transfer of High Court Judges or its Chief Justices may reflect some transparency and for betterment or upliftment of the administration of justice. After all, they are also holding Constitutional post like a member of Supreme Court Collegium," Justice Kumar stated.
"People may draw an inference as if after the so-called letter of Chief Minister, the two Chief Justices, i.e., Chief Justice of High Court for the State of Telangana and Chief Justice of High Court of AP have been transferred", Justice Kumar further observed.
The Supreme Court Collegium has recently recommended the transfer of Andhra Pradesh High Court Chief Justice JK Maheshwari to Sikkim High Court, months after a letter by the Andhra Pradesh Chief Minister Jagan Mohan Reddy to Chief Justice of India SA Bobde seeking his intervention to restore neutrality of the High Court.
In an unprecedented move, Reddy on October 6 Reddy wrote a letter to the Chief Justice of India alleging that the Andhra Pradesh High Court was being used as an instrument to destabilise and topple the democratically elected government.
Reddy had asked the Chief Justice of India to consider taking appropriate steps to ensure that the state judiciary's neutrality was maintained.
Chief Justice of Telangana High Court Justice RS Chauhan has been transferred as Chief Justice Uttarakhand High Court.
