The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud has rejected a request made by Justice V.M. Velumani to retain her as the Madras High Court judge. The Collegium by its resolution dated September 29, 2022 had proposed to transfer Justice Velumani to the Calcutta High Court for the better administration of justice. Justice Velumani sought reconsideration of the recommendation.

 

However, the Collegium reiterated its recommendation for her transfer. The request made by Ms. Justice V.M. Velumani to retain her at the Madras High Court has been rejected by the Collegium on an earlier occasion. There is no valid reason to reconsider the earlier decision of the Collegium by which her transfer has been recommended to the Calcutta High Court or to accede to her fresh request. Her request for transfer to either Manipur or Tripura or any High Court in the north-eastern States is rejected.

 

In another resolution, the Collegium accepted the request of Justice Sanjeev Prakash Sharma to be transferred to the Punjab and Haryana High Court from Patna High Court, where he is currently posted. He had sought repatriation to the Rajasthan High Court on the ground of his poor health and unavailability of adequate medical facilities at Patna. The Collegium resolved that Shri Justice Sanjeev Prakash Sharma be transferred to the High Court of Punjab and Haryana, in the interest of better administration of justice.

 

In the third resolution, the Collegium accepted the request of Justice Atul Sreedharan to be transferred to the High Court of Jammu and Kashmir and Ladakh from the Madhya Pradesh High Court. Justice Sreedharan had sought a transfer out of Madhya Pradesh on the ground that his elder daughter would enter practice next year and would be appearing before the District Court and the Indore Bench of the High Court. The Collegium has resolved to accept the request of Mr. Justice Atul Sreedharan and to recommend that he be transferred, in the interest of better administration of justice, to the High Court of Jammu & Kashmir and Ladakh.

 

The Supreme Court Collegium has taken a clear stand on the transfer of justices across High Courts, based on the better administration of justice. The Collegium has taken into consideration the health requirements and other personal needs of the justices while deciding on the transfer. This move by the Collegium will ensure that justice is served without any bias or prejudice.

 

Reference source: TH

 

About the Supreme Court Collegium

 

The Supreme Court Collegium is a group of senior judges of the Supreme Court of India who are responsible for the appointment and transfer of judges in the high courts and the Supreme Court. The collegium system was established in 1993 by a series of Supreme Court judgments to ensure that the process of appointment and transfer of judges is transparent and based on merit.

 

Under the collegium system, the Chief Justice of India consults with a group of senior judges to recommend the appointment and transfer of judges. The recommendations are then sent to the government for approval.

 

The collegium system has been the subject of much debate and criticism, with some arguing that it lacks accountability and transparency, while others argue that it is necessary to maintain the independence of the judiciary.