Mathews J Nedumpara
It is unfortunate that the Bar Associations take an unprincipled stand when it comes to the transfer of judges. In a system where 90% of all judges are from a few dynasties, so too the senior lawyers they designate, the judiciary being the monopoly of a few, it is absolutely imperative that judges are transferred out of their home state. The Supreme court in S.P Gupta’s case emphatically said that transfer of judges out of their home state is the most ideal solution against all sorts of rumours and controversies of favouritism which crop up when a lawyer is elevated in the very same court where he is practicing. Justice Muralidar is an upright and erudite judge. There can be no two opinions about it. I am sure his Lordship would only be too willing to take charge in Chandigarh. The call for boycott was wholly unwarranted. I was shocked. I was deeply pained. Like Justice Muralidar, Justice Dharmadhikari of the Bombay HC who resigned on being transferred to Orissa HC and being elevated as Chief Justice there, is a judge whom I hold in great respect; erudite and upright. I was deeply pained when he told me that he is resigning. I couldn’t believe my ears and I asked him whether i heard his Lordship correctly. I wanted to persuade his Lordship to withdraw his resignation if it was possible, knowing fully well my insignificance. I respect Justice Dharmadhikari for his tolerance to criticism. I have in a many a petitions which i moved in challenge of the senior designation, demanding video recording of court proceedings, declaration of assets, supported by the progeny syndrome charts concerning the SC and various HCs, asserting in all humility, that the collegium (as the material I could gather establishes) is nothing but a synonym for nepotism, with almost every judge of the SC and HCs being the immediate relative of a sitting or retired judge, senior lawyer or CM or a Governor. The son and daughters of the common man, the first generation lawyers have no place at all, save a few exceptions like Justice Muralidaran. Though some say it is because he was Shri Parasaran’s junior.
Justice More’s transfer I do not wish to comment on, for it has been a topic of hot discussion in the social media, except to say that I believe the collegium acted wisely and I haven’t come across any criticism from any one about the transfer, particularly in view of certain allegations.