‘Won’t Hesitate In Disclosing Reasons’: Supreme Court Says Transfer Of Justice Tahilramani Based On ‘Cogent Reasons’

A view of Supreme Court building. (Sonu Mehta/Hindustan Times via Getty Images)

In a clarification [PDF] issued by the Supreme Court of India on 12 September, the apex court said that certain reports had emerged in the media relating to recommendations recently made by the Collegium regarding transfer of Chief Justices/Judges of the High Courts.

The reference was to the controversy after resignation tendered by Justice Vijay K. Tahilaramani, former Chief Justice of Madras High Court. Tahilramani was transferred to a smaller Meghalaya High Court (HC), widely considered as a punitive transfer. The decision was criticised by many as arbitrary.

At the same time, Justice A K Mittal, a junior of Tahilramani was recommended to be transferred to the Madras HC after a three-month stint as the chief justice of Meghalaya HC.

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In the letter released, the SC Secretary General Sanjeev S Kalgaonkar stated that the transfer recommendation was made for “cogent reasons after complying with the required procedure in the interest of better administration of justice”.

The letter further noted that despite not being in the interest of the institution to disclose the reasons for the transfer, the Collegium will have no hesitation in disclosing the same.

The letter said that each of the recommendations were made after full and complete deliberations and the same was agreed upon unanimously by all the members.

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