Biggest transfer since ’emergency’ shows power shift to judiciary: Judge | India News

KOLKATA: An outgoing Calcutta excessive courtroom decide on Monday contrasted the Supreme Courtroom collegium’s choice to shift “at one go” 24 judges between varied excessive courts with the switch of 16 judges via an “government choice” in the course of the Emergency, saying it indicators the shift of energy from the manager to the judiciary 48 years later.
“I’m one of many inexperienced persons of this variation,” Justice Bibek Chaudhuri stated, addressing the courtroom’s senior bar and bench members.
“It was the will of the collegium to make me half with you. The Indian Structure incorporates a provision beneath Article 222 {that a} decide ought to be transferred. Due to this fact, I accepted the switch with none regret. On the similar time, by receiving the order of switch, I contemplate myself as changing into part of historical past.”
Chaudhuri hastened so as to add that Article 222 ought to be “appeared into”.
“The federal government of India formally introduced on January 28, 1983 that the chief justices of excessive courts could be from different states, and one-third of the judges of 1 excessive courtroom (too) have to be from exterior… I imagine our switch is the start of the introduction and implementation of that coverage. However, in all humility, I want to say… Article 222 ought to be thought of very sparingly.”

The SC collegium transferred Justice Chaudhuri to the Patna HC on August 3 this yr. He appealed to the collegium to rethink his switch on August 9. However per week later, the collegium thought of his request and turned it down. Chaudhuri, who was elevated to the bench from judicial service, grew to become a everlasting decide in Might 2020.

“I acquired the utmost respect, love and affection from the members of the bar. Due to this fact, I really feel sorry to depart you,” he stated. “My chief justice adorably tells me that I’m an outspoken decide.”
His parting shot? “(I’ve) guarantees to maintain.”

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