“Gujarat High Court may not be considered as a dumping ground”

Ahmedabad, 20 December 2011

“Gujarat High Court may not be considered as a dumping ground. Transfer of any judge from any corner of the country is most welcome on any ground other than under compulsion where a needle of suspicion is pointed against that judge on the ground of integrity,” the Gujarat High Court Bar on Monday said in its resolution which was passed with over 450 lawyers supporting it. The resolution was against the transfer of Justice Mohinder Pal of the Punjab and Haryana High Court to the Gujarat High Court. President of the Bar, Yatin Oza, said the resolution will be sent to the Chief Justice of India requesting him to reconsider” the transfer of Justice Pal and till the time it is reconsidered to put his transfer “on hold.”

The resolution passed at the general house meeting on Monday says, “Gujarat High Court Advocates’ Association very strongly oppose transfer of Justice Mohinder Pal. Gujarat High Court Advocates’ Association has always and invariably accepted every judge coming from other high court with open arms and has shown its warmth, cooperation and acceptance wholeheartedly. All the judges transferred to Gujarat High Court have always cherished sweet memories of Gujarat even after their retirement, elevation of transfer.”

“However it appears that this virtue of Gujarat High Court Advocates’ Association is taken as its weakness. Chief Justice of India is earnestly requested that Gujarat High Court may not be considered as a dumping ground. Transfer of any judge from any corner of the country is most welcome on any ground other than under compulsion where a needle of suspicion is pointed against that judge on the ground of integrity,” it said.

“Therefore, the Bar has requested Chief Justice of India and his companion judges in the collegium to reconsider the decision of transferring Justice Mohinder Pal to Gujarat High Court and till the issue is reconsidered, proposal forwarded to Government of Idnia may be put on hold,” the resolution further said.

According to The Indian Express report, Chief Justice Ranjan Gogoi of the Punjab and Haryana High Court had reportedly conveyed to the Chief Justice of India of “Illegalities and irregularities in an order delivered by Justice Pal. Justice Gogoi had told the Indian Express that an order in Haryana Urban Development Authority case was one of the major reasons behind Justice Pal’s transfer.