New Delhi: All transfers are to be made in public interest, the Centre told Lok Sabha on Friday while explaining the entire process of transferring high court judges, PTI reported.
Union Law minister Arjun Ram Meghwal was responding to a question on instances of “interference” by the executive in the transfer of judges of lower judiciary and high courts
“All transfers are to be made in public interest — for promoting better administration of justice throughout the country,” Meghwal said.
On the issue of transfer procedure followed for high court judges, the minister said as per Memorandum of Procedure (MoP) for appointment and transfer of high court Judges, the proposal for transfer is initiated by the Chief Justice of India in consultation with four seniormost judges of the Supreme Court.
The MoP also provides that the CJI is expected to take into account the views of the Chief Justice of the high court from which the judge is to be transferred, and also the chief justice of the high court to which the transfer is to be effected. Besides, views of one or more Supreme Court judges who are in a position to offer an opinion are also considered.
The personal factors relating to the judge concerned, including the Chief Justice, and his response to the proposal, including his preference of places, should be taken into account by the CJI and the first four judges of the Supreme Court before arriving at conclusion on the proposal, he explained.
Last October, the Supreme Court Collegium modified its decision to transfer Madhya Pradesh High Court judge Justice Atul Sreedharan from Chhattisgarh to Allahabad High Court, citing “reconsideration sought by the government.”
