Kapadia together with the Supreme Court Collegium of four other senior-most judges seem to have made a decision to transfer judges in 20 cases. The collegium has written letters to high court judges asking where they would like to be transferred to or in the case of chief justices whether they had any objections to the transfers, according to a number of media reports over the weekend.
According to the Hindustan Times, three judges each from Allahabad, Punjab & Haryana and Rajasthan high courts, two each from Delhi, Andhra Pradesh and Tamil Nadu high courts and several judges from Orissa and Assam high courts were requested to transfer.
However, Legally India understands from one source familiar with the development that Kapadia may have already drawn up a list that is several times longer than 20 judges and that also includes judges at lower courts and across India.
Kapadia’s appointment as CJI was announced only in April.
In May Kapadia chose to forego his two-month summer holiday as CJI-designate to travel across India and visit local courts and “to know firsthand the problems you are facing”, as re-reported by Legally India at the time.
The Hindustan Times reported that “lawyers' bodies of some states have questioned the move saying if judges were being transferred merely on the basis of complaints against them (which have not been investigated) some upright judges were also likely to be affected”.
Karnataka Chief Justice P D Dinakaran was transferred to the Sikkim High Court in August 2010 following charges of corruption and impeachment proceedings against him.
Help improve the Legallypedia page of S H Kapadia.
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Why not have a clear cut law, authorising the Collegium to remove a defaulting judge? Keeping in view the changed circumstances, may we request the SC to review/revisit its current system of appointment only and either take over the responsibility of removal as well or constitute National and State Judicial Councils involving legislature, executive and judiciary, bar included. Such systems are working successfully in other countries. Why can't it work in India? Judiciary is the last hope of the litigants. We want independent, but not untransparent and unaccountable judiciary. In case SC fails to act, then Parliament is requested to step in.
Ok. I will do so.
www.dnaindia.com/india/report_pm-manmohan-singh-has-to-wait-to-infuse-fresh-blood-in-council-of-ministers_1436534
moily is a big obstacle in the govt's plan to attract $50 billion FDI by 2013. unfortunately MMS cannot do anything because the italian lady runs india by remote control
John,
You are suggesting judges needs to be transferred on some concrete information, From your comment I understand there needs to be a proof for a judge to be transferred, if that is the case, do you think the judges with such high intellect are fools to leave proofs for the dishonestly they are committing.... A judges dishonestly can only be figured out by going through the orders delivered by them. The judges that has been transferred presently for public interest has not just been transferred for one or two complaints against them, they had been transferred after complaints have been dropping against them years after years
If there is proof they should be impeached and not transfered.
now this [D]'s brother in law [P] is made senior advocate, who doesnt evn have 5 briefs!!! of his own no juniors!! WoW!!! now the modus operendi is [P] is getting engaged as senior in 's court and gets order whatever the case may be. this is in return to the favour done by relative of [P] and [D] justice [R] in making 's brother ms mint money in jodhpur.
this [R]'s son [V] used to take huge briefs in name of his father used to get them listed as proxies before justice gets order. that is how after retirement got job with ernest and young. today [V] his brother in law [M] (brother of [P] are without any work) now all efforts are to elevate [M] as judge of raj hc followed by [V] and again [?] willflourish
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