New Delhi, February 13 All transfers are to be made in the public interest, the government told the Lok Sabha on Friday as it explained the entire process of transferring high court judges in response to a question on instances of "interference" by the executive in such transfers.
In a written reply in the Lok Sabha, Law Minister Arjun Ram Meghwal said, "All transfers are to be made in the public interest – to promote better administration of justice throughout the country."
He was asked whether the government is aware of the "recent instances of interference by the executive in the transfer of judges of lower judiciary and high courts."
On the issue of the transfer procedure followed for HC judges, the Union minister said that according to the Memorandum of Procedure (MoP) for the appointment and transfer of high court judges, the proposal for transfer is initiated by the Chief Justice of India in consultation with four of the most senior judges of the Supreme Court.
The MoP also provides that the CJI is also expected to take into account the views of the Chief Justice of the High Court from which the judge is to be transferred, as well as the Chief Justice of the High Court to which the transfer is to be effected.
In addition, the views of one or more judges of the Supreme Court who are in a position to offer an opinion are also considered.
The personal factors relating to the judge concerned, including the Chief Justice, and his response to the proposal, including his preferences for locations, should invariably be taken into account by the CJI and the first four judges of the Supreme Court before arriving at a conclusion on the proposal, he explained.
In October last year, the Supreme Court Collegium had modified its decision to transfer Madhya Pradesh High Court judge Justice Atul Sreedharan from Chhattisgarh to the Allahabad High Court, citing "reconsideration sought by the government".