Justice N. Kotiswar Singh appointed as acting chief justice of Gauhati High Court

The Supreme Court collegium had last month recommended Justice Singh's elevation as Chief Justice of the J&K and Ladakh high court. The collegium had recommended the elevation of Justice Vinod K. Chandra of the Kerala High Court to the chief justice post at the Gauhati high court; Justice Chandra continues at the Kerala high court.

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THE Union Government has notified the appointment of the senior-most judge of the Gauhati High Court, Justice Nongmeikapam Kotiswar Singh as acting chief justice of that high court with effect from January 12 upon the retirement of the incumbent Chief Justice Rashmin Manharbhai Chhaya. This comes even after the Supreme Court Collegium wanted to appoint the Kerala High Court's senior-most judge Justice K. Vinod Chandran as the chief justice of the Gauhati High Court.

On December 13 last year, a Supreme Court Collegium headed by Chief Justice of India Dr. D.Y. Chandrachud made recommendations to the government to appoint Justice Chandran as the chief justice of the Gauhati high court upon the retirement of the incumbent chief justice. Besides, the collegium recommended the appointment of Justice Singh as the chief justice of the Jammu & Kashmir and Ladakh high court.

The government is yet to give effect to the Collegium's recommendations.

The case of Justice Chandran is curious. His name was also recommended for transfer to the Bombay High Court by the Collegium on September 28 last year. Even though this recommendation remained ineffective, the collegium meanwhile in December last year recommended his elevation as chief justice of Gauhati High Court.

The Supreme Court on January 6, while hearing a matter concerning the appointments and transfer of judges, observed that the delay in the transfer of judges not only affects the administration of justice, but creates an impression as if there are third-party sources interfering on behalf of these judges with the government.

"We may say when recommendations for transfer are not implemented, the further recommendations consequent thereto or otherwise for transfer also get delayed", the Supreme Court said.

Undeterred by the Supreme Court's observations, the Union Government continues to sit on the recommended transfers of Justice Sanjaya Kumar Mishra from the Uttarakhand High Court to the Jharkhand High Court as chief justice (recommended on December 13), and the transfer of Justice Aparesh Kumar Singh from the Jharkhand high court to the Tripura High Court (recommended on September 28).

In September last year, the Collegium recommended the transfer of Orissa High Court's Chief Justice Dr. S. Muralidhar as chief justice of Madras High Court. Even this recommendation remains ineffective until now. In addition, the transfers of as many as seven judges recommended by the Collegium on November 24 are yet to be given effect by the Union Government.