7 months ago
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The Supreme Court Collegium’s unexpected alteration of caput to urge Madhya Pradesh High Court Judge, Justice Atul Sreedharan, for the Allahabad High Court successful compliance with the Union Government’s wishes alternatively of an earlier connection to displacement him to Chhattisgarh has brought backmost into absorption Executive interference successful judicial appointments and transfers successful law courts.
An October 14 ‘bare-bones’ Collegium solution does not uncover wherefore the Supreme Court assemblage gave up its earlier proposal connected Justice Sreedharan. It fundamentally conveyed successful a paragraph that its re-think was motivated by a “reconsideration sought by the government”. There are nary details of wherefore the authorities did not privation Justice Sreedharan successful the Chhattisgarh High Court, wherever helium would person been a subordinate of that High Court’s Collegium and successful a presumption to prime aboriginal Judges. The Supreme Court Collegium had recommended Justice Sreedharan to Chhattisgarh successful meetings held connected August 25 and August 26. Justice Sreedharan was numbered archetypal among 14 High Court Judges, the Collegium had projected for transportation oregon repatriation successful August.
Also read: Justice Atul Sreedharan transferred from J&K to M.P. High Court
In the Allahabad High Court, Justice Sreedharan would beryllium seventh successful seniority, and extracurricular the High Court Collegium. The Supreme Court Collegium headed by Chief Justice of India B.R. Gavai did not uncover wherefore the government’s proposition to transportation him to Allahabad was accepted by it. The Collegium has the powerfulness of veto, and could reiterate the earlier August recommendation, pursuing which the authorities would person to bend.
Justice Sreedharan’s is not the archetypal successful caller years erstwhile the Supreme Court Collegium has swayed to the government’s wishes arsenic acold arsenic transportation of Judges were concerned. In 2018, the Centre objected to a Collegium proposal to name Justice Akil Kureshi, whose determination successful Gujarat ‘fake’ brushwood cases had ruffled feathers, arsenic Madhya Pradesh High Court Chief Justice. The Collegium, instead, agreed to his assignment arsenic Tripura High Court Chief Justice, a smaller tribunal with 4 Judges. Justice Kureshi was yet appointed arsenic Rajasthan High Court Chief Justice hardly six months earlier his retirement. Though 1 of the elder astir High Court judges, helium was not considered for the Supreme Court.
Similarly, the Supreme Court Collegium had to callback its September 2022 proposal to name past Orissa Chief Justice, Dr. S. Muralidhar, arsenic Madras High Court Chief Justice aft months of waiting for the Centre to respond to the Collegium recommendation.
“The proposal has remained pending with the Government of India without immoderate response. Dr. Justice Muralidhar present demits bureau connected August 7, 2023 leaving little than 4 months’ time. In presumption of this delay, the solution recommending the transportation of Dr. Justice S. Muralidhar is recalled,” the Supreme Court Collegium had narrated successful its April 2023 resolution.
Justice Sreedharan is being transferred for the 3rd time. His archetypal transportation from Madhya
Pradesh High Court to the Jammu & Kashmir and Ladakh High Court successful 2023 was based connected his ain request. He did not privation to beryllium justice successful the aforesaid State his girl was practising arsenic a lawyer.
In J&K and Ladakh High Court, Justice Sreedharan was portion of a Bench which struck down respective preventive detention orders nether the Public Safety Act.
He was repatriated to Madhya Pradesh successful March 2025. Back successful Madhya Pradesh, helium was portion of the Bench which had taken suo motu cognisance of remarks allegedly made by State Minister Vijay Shah against Colonel Sofiya Qureshi, who had briefed the media during Operation Sindoor, and ordered the registration of an FIR against the BJP leader.
In August, the Supreme Court Collegium had recommended the transportation of the Judge to Chhattisgarh High Court, wherever helium would person been the 2nd senior-most Judge.
Seeking a callback of the projected transfer, NGO Campaign for Judicial Accountability and Reforms said successful a connection that the “Second and Third Judges’ cases marque it wide that transfers are to beryllium successful nationalist involvement and to support the instauration of the judiciary, not the convenience oregon interests of the Union Government. Such a alteration successful recommendation, contrary to procedure, sends retired a incorrect awesome to the nationalist connected the Collegium’s motives and intent”.
