DHCBA Writes To CJI Highlighting Concerns About Frequent Transfer Of Delhi High Court Judges, Calls For Greater Transparency

The Delhi High Court Bar Association (DHCBA) has written to the Chief Justice of India and other collegium judges raising concerns about frequent transfer of judges in the Delhi High Court.

The DHCBA has said that greater transparency and consultation in the process of appointment and transfers would not only strengthen the faith of the legal fraternity but will also enhance public faith in the judiciary.

“While the Bar recognizes that the power of appointment and transfer vests exclusively with the collegium, it remains a fact that the Bar is an equal stakeholder in the administration of justice. Yet for reasons unknown the Bar is invariably kept in the dark when crucial decisions regarding elevation and transfers of Justices are made,” the lawyers body has said.

Further, DHCBA has said that the Bar has been deeply concerned by the alarming frequency with which transfers of judges are being effected in the Delhi High Court and that till recently, there were a series of transfers to and from Delhi involving judges from across the country.

It has said that transfers of several judges from Delhi High Court to other jurisdictions have generated unease, not only within the institution but also amongst the members of the bar.

“Judges who have risen through the ranks of the Bar, carry with them an invaluable understanding of the pulse of the city and its courts, and the recent transfers underscore how essential judicial continuity is, and how deeply the Bar values judges who have journeyed alongside it over the decades,” DHCBA has said.

The lawyers body has said that today, there is a perception within the Bar that its members are being overlooked for consideration when Judicial appointments are made to the Delhi High Court.

It has added that the recent spate of transfers has further exacerbated the situation where there is a widening gap between the Judges who adorn the bench and lived the experience of litigants in the local context of Delhi.

“We humbly submit that such perceptions, if left unaddressed, risk eroding the morale of the Bar as well as diminishing faith in the established processes of judicial elevation and transfer. The Delhi High Court, as the custodian of justice in the Capital, requires stability, continuity, and the confidence of both the Bench and the Bar to discharge its duties effectively,” it has said.

Pursuant to the letter, CJI BR Gavai met Senior Advocate N Hariharan, president of DHCBA and assured the Bar to look into the issues raised.