Outgoing Delhi High Court Judge on past transfer: ‘No consent’

2 hours ago 1

IN A uncommon lawsuit of a sitting Judge speaking retired against the Collegium’s determination connected his transportation and the mode successful which it was undertaken, Justice Rajiv Shakdher, the outgoing 2nd most-senior justice of the Delhi High Court, said connected Tuesday that helium was transferred to the Madras High Court successful 2016 though helium “did not springiness (his) consent”. He admitted that helium was “deeply unhappy” astatine the time.

Justice Shakdher, who has been appointed arsenic the Chief Justice of the Himachal Pradesh HC, was speaking astatine a farewell lawsuit organised astatine the Delhi HC.

“The events of April 2016… overmuch to my disappointment, sadness… I was shifted to different court. Today is simply a time of confessions and I privation to marque one. I was profoundly unhappy,” Justice Shakdher said.

“Of course, determination was nary consent. Another confession, I did not springiness my consent (to the transfer). Finally, I said ‘you’ve taken a telephone to determination me, I volition abide (by it)’… Though I went (to Chennai) not excessively happy, it was a fantastic experience,” helium said.

In 2016, Justice Shakdher’s transportation from the Delhi HC to the Madras HC had led to wide disapproval from the Bar. The transportation was considered “punitive” by galore successful the Bar. A radical of eminent lawyers, including Fali Nariman, Soli Sorabjee and K K Venugopal had written to past Chief Justice of India T S Thakur, expressing “great regret” that an “outstanding Judge” known for his “independent and forthright judgments” was being transferred.

Festive offer

Incidentally, portion successful the Delhi HC, Justice Shakdher had acceptable speech the Centre’s lookout announcement against Greenpeace activistic Priya Pillai – the announcement had led to her being offloaded from a London-bound flight. Pillai was connected her mode to talk connected the alleged usurpation of wood rights of tribals but was told that her sanction was connected a database of those not allowed to permission the country.

In 2018, Justice Shakdher was transferred backmost to the Delhi HC.

“So, to chopped a agelong communicative short, it is the Bar which perpetually evaluates you, it’s astir similar the unseen manus of God which protects you. Whether we judge it oregon not, they cognize the close from the wrong, and determination is simply a soundless majority… who basal with you erstwhile the chips are down… They stood by maine and determination was a connection communicated to the Bench, to the Collegium,” Justice Shakdher said connected Tuesday.

On July 11 this year, the SC Collegium had recommended his assignment arsenic Himachal Pradesh HC Chief Justice. The authorities cleared the assignment past week, aft the Supreme Court flagged the contented of pending judicial appointments.

Justice Shakdher volition person a abbreviated tenure arsenic Himachal Pradesh HC Chief Justice, since helium is owed to discontinue connected October 18.

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