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New Delhi: More than a month after the Supreme Court collegium recommended the transfer of 24 high court judges, two are yet to be notified by the Union government and both are linked to the Calcutta high court.
According to the Indian Express, the judges whose transfers remain on hold are Justice Soumen Sen of the Calcutta high court, whose transfer to the Orissa high court was recommended by the collegium, and Justice Joymalya Bagchi of the Andhra Pradesh high court, who is awaiting a ‘re-transfer’ to the Calcutta high court.
Justice Sen is part of the five-judge bench that is hearing a clutch of petitions relating to post-poll violence in West Bengal.
The delay comes despite Chief Justice of India (CJI) N.V. Ramana raising concerns about the government’s delay in notifying the transfers. On October 2, two weeks after the collegium recommended the transfer and appointment of 68 judges across the country, the CJI had said that he had been assured by Union law minister Kiren Rijiju that the recommendations would be “cleared in a day or two”.
“I seek cooperation and support from the government to enable access to justice and strengthen the democracy,” the CJI had said at an event organised by the National Legal Services Authority, with Rijiju also present.
According to the Indian Express, there are concerns among judicial circles that the delay in notifying the two transfers may lead to a fresh standoff between the government and the Supreme Court.
On Saturday, CJI Ramana lamented the lack of ‘basic amenities’ in courts to the Union law minister, saying it was “baffling” that the improvement and maintenance of judicial infrastructure is still being carried out in an ad-hoc and unplanned manner.
“We are faced with certain hard facts like several courts do not have proper facilities. Some courts function out of dilapidated buildings. Judicial infrastructure is important for improving access to justice,” he said.
“If you want a different outcome from the judicial system we cannot continue to work in this present condition. An integral aspect is of financial autonomy. I have sent a proposal for establishment of National judicial infrastructure authority to the ministry,” the CJI said.