Judge’s delay in assuming office after transfer from Madras to Kerala High Court sparks concerns among Bar members

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Justice J. Nisha Banu who has been transferred from the Madras High Court to Kerala High Court

Justice J. Nisha Banu who has been transferred from the Madras High Court to Kerala High Court | Photo Credit: Special Arrangement

The hold successful Justice J. Nisha Banu assuming bureau astatine the Kerala High Court pursuant to her transportation from the Madras High Court connected October 14, 2025 has led to a disquiet among the Bar members some successful the main spot of her genitor High Court successful Chennai arsenic good arsenic its Madurai Bench.

Being the 3rd elder justice successful the Madras High Court, she had go a portion of the collegium that recommends candidates for judgeship. However, she would beryllium pushed to the ninth presumption successful seniority if she joins the Kerala High Court and that had present go a bony of contention.

She was elevated arsenic a justice of the High Court connected October 5 successful 2016.

In August this year, the Supreme Court collegium recommended her transportation to the Kerala High Court on with the transportation of respective different judges crossed the country. The proposal culminated successful a statesmanlike transportation bid issued connected October 14.

Representation to President, CJI

Although much than 20 days has lapsed since then, Ms. Justice Banu has not assumed complaint of her bureau successful the Kerala High Court till date. In the meantime, immoderate office-bearers of the Bar associations successful the Madurai Bench sent representations against her transportation to the President, Chief Justice of India and the Union Law Minister connected October 22.

The associated practice stated that the transportation of the elder justice to the Kerala High Court would drastically impact her seniority since she would beryllium placed lone successful the ninth presumption implicit there. As a favourable alternative, the office-bearers suggested that she could beryllium transferred to the Andhra Pradesh High Court wherever she could beryllium placed successful the 2nd position.

Letter to Union Law Minister

On coming to cognize astir the representation, astir 200 idiosyncratic lawyers from the Madurai Bench wrote to the Union Law Minister stating that the office-bearers had not consulted the wide assemblage of the Bar associations earlier opposing the transportation of Justice Banu to the Kerala High Court. They urged the Minister to disregard the practice sent by the office-bearers.

Subsequently, the office-bearers of the Bar associations successful Madurai person present written to the CJI, the Supreme Court collegium judges and the Union Law Minister urging them to disregard their October 22 practice since it was not a corporate determination of the Bar members.

Complaint

In the meantime, astir 50 lawyers practising successful the main spot of the High Court successful Chennai person sent a practice to the President, Vice-President, Chief Justice of India, different judges of the Supreme Court and the Law Minister complaining astir the hold connected the portion of Ms. Justice Banu successful assuming bureau astatine the Kerala High Court. They claimed that the agelong hold of 3 weeks was unprecedented.

Judge’s response

When approached for her reaction, Justice Banu said, she had submitted an earned permission exertion astatine the Madras High Court successful presumption of her son’s matrimony and was simultaneously awaiting the effect of a petition made for reconsideration of her transportation to the Kerala High Court.

Hailing from Nagercoil successful Kanniyakumari district, Ms. Justice Banu had obtained her nonrecreational grade from the Government Law College successful Madurai and enrolled herself with the Bar Council of Tamil Nadu and Puducherry successful 1990 earlier commencing her signifier arsenic a lawyer astatine the High Court successful Chennai.

She shifted her signifier from the main spot successful Chennai to the Madurai Bench of the Madras High Court aft the latter’s inauguration successful July 2004. She besides served arsenic the president of the women lawyers relation implicit there.

Published - November 06, 2025 07:27 p.m. IST

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