'Judicial Indiscipline': Madras High Court Lawyers Object To Justice Nisha Banu Not Joining Kerala High Court Despite Transfer

A group of lawyers from Madras High Court have written to the President of India, Vice President of India, CJI BR Gavai, Chief Justice of the Madras High Court, Chief Justice of the Kerala High Court, Law Minister Arjun Ram Meghwal raising strong objection to Justice Nisha Banu not joining the Kerala High Court despite her transfer. 

The collegium had recommended her transfer from the Madras High Court to the Kerala High Court on August 27 this year. On October 14, the Centre had notified the transfer.

The letter is also addressed to senior judges of the Supreme Court, Governors of Kerala and Tamil Nadu, Speaker of Lok Sabha and Deputy Chairperson of the Rajya Sabha.

The letter, signed by around 50 lawyers of the High Court states that Justice Banu had stopped attending judicial works in the Madras High Court from October 14 and had still not joined the Kerala High Court whereas other judges whose transfers were notified along with Justice Banu's had already joined their respective High Courts and started discharging their duties.

The letter states that it is unfortunate that this kind of judicial indiscipline is being displayed by a sitting high court judge which tarnishes the reputation of the Madras High Court.

"It is most unfortunate that this kind of judicial indiscipline and arrogance is on full display by a Sitting High Court Judge. This has undisputably and undeniable tarnished & harmed the reputation of our Madras High Court and has thrown bad light upon our judiciary which we hold in our highest esteem as our temple of justice," the letter reads.

The letter further states that while the lawyers do not have anything personal against the judge, Justice Banu is attempting to unintentionally delay her joining to stay in the Madras High Court Collegium for some time more. 

The letter thus calls for appropriate immediate action to relieve Justice Banu from the Madras High Court in the interest of justice and fair play.  

It may be noted that previously, the bar bodies in the Madurai bench of the Madras High Court had objected to Justice Nisha Banu's transfer to the Kerala High Court. It was stated that Justice Banu, who was 3rd in seniority in Madras, would be 9th in seniority in the Kerala High Court and this would drastically impact her seniority. Thus, the bar bodies had requested that Justice Banu be retained in the Madras High Court to recognise her excellent tenure and to uphold her seniority.