RETIRING CHIEF Justice of Allahabad High Court Pritinker Diwaker on Tuesday said the order for his transfer from Chhattisgarh High Court in 2018 by the Collegium led by the then Chief Justice of India Dipak Misra was issued “with an ill intention to harass” him.
His remarks at his farewell function in Prayagraj came a day after another judge, Justice Bibek Chaudhuri of Calcutta High Court, who has been transferred to Patna High Court, in his farewell speech, said: “I must say that in 1975 during Emergency, 16 judges of different High Courts were transferred by an executive decision in one go. After almost 48 years, 24 judges have been transferred from one High Court to another by the Collegium of the Honorable Supreme Court in one go.”
On his last day in office, Justice Diwaker said he was elevated as a judge in Chhattisgarh High Court on March 31, 2009. “I discharged my duties as a judge in Chhattisgarh High Court till October 2018 to the satisfaction of one and all, and particularly to the satisfaction of my own inner being,” he said.
“Now, a sudden turn of events descended upon me when then Chief Justice of India Dipak Misra showered on me some extra affection for reasons still not known to me which entailed my transfer to Allahabad High Court where I assumed office on October 3, 2018. My transfer order seemed to have been issued with an ill intention to harass me,” the judge said.
“However, as fortune would have it the bane turned into boon for me because I received immeasurable support and cooperation from my companion judges as well as from the members of the Bar,” he said. “And I am highly thankful to the present Chief Justice D Y Chandrachud who rectified the injustice done to me.”
He said it “has always been a matter of pride” that he got an opportunity “to work in this great institution which has its unique style of working and traditions”.
“Balancing a heavy workload is indeed a challenge in the Allahabad High Court. Furthermore, this court was subjected to criticism from various corners in relation to its functioning. But I am of the firm belief that before reaching a particular conclusion, critics must see the difficulties and shortcomings prevailing in the institution from the inside,” he said.
In his farewell speech at the Calcutta High Court on Monday, Justice Chaudhuri spoke about his transfer. “I am one of the beginners of the change, shifting of power from the hands of the executive to the hands of the highest seats of judiciary.”
“The Government of India, in its policy formally announced on January 28, 1983, said that Chief Justices of High Courts will be from outside the state and one third of the judges of the High Court must be from the outside. And I think that by our transfer this is the beginning of introduction and implementation of the policy,” he said.
Taking a swipe at the Collegium, he said: “I received utmost respect, love and affection from the members of the Bar and therefore I feel sorry to leave you. However, it was the desire from the Collegium who parted me away from you.”
“… I know that the Constitution contains a provision under Article 222 that a judge should transfer. Therefore, I accept the transfer without any remorse,” he said. “But at the same time, with all humility, I must say that judicial pronouncements are there that Article 222 should be looked into, should be considered very sparingly.”
Justice Chaudhuri joined the Calcutta High Court as Additional Judge on October 12, 2018. He was appointed as permanent judge of the court on April 4, 2020.
