IN ITS LATEST MOVE, the Supreme Court Collegium has recommended the transfer of four judges from the Karnataka High Court, two judges from the Telangana High Court, and one judge from the Andhra Pradesh High Court. The Supreme Court Collegium which comprises Chief Justice of India Sanjiv Khanna and Justices B.R. Gavai, Surya Kant, Abhay S. Oka and Vikram Nath, claim that these transfers will strengthen the quality of the administration of justice and were geared towards promoting inclusivity and diversity. From the Karnataka High Court, Justices Hemant Chandangoudar, Krishnan Natarajan, Neranahalli Srinivasan Sanjay Gowda and Dixit Krishna Shripad are recommended to be transferred to the High Courts of Madras, Kerala, Gujarat and Odisha respectively.Advocates Associations in Karnataka have written to CJI Khanna seeking to reconsider the transfers of Karnataka High Court judges. Justice Krishna Dixit, while hearing a matter, remarked a few days back while rumours of his transfer were floating around that he would go even if the High Court bench is in ‘Himalayas’.Justices Perugu Sree Sudha Telangana and Kasoju Surendhar alias K. Surender are sought to be transferred from the Telangana High Court to the High Courts of Karnataka and Madras respectively.Justice Dr. Kumbhajadala Manmadha Rao is sought to be transferred from the Andhra Pradesh High Court to the Karnataka High Court.Till now, the Collegium headed by CJI Khanna has transferred as many as 15 judges which also includes transfer of two chief justices from one high court to another and repatriation of three judges to their parent high courts.As per the Second judges’ case (1993), the recommendation by the CJI to transfer a judge cannot be deemed to be punitive and any such transfer is not justiciable on any ground which means that it cannot be challenged in a court of law.
