HC Bar demands General House to discuss Justice Pal’s transfer

In a requisition submitted to the Bar president that was signed by 1005 lawyers,they said “… the silence of the High Court Bar Association on such a vital matter is inconsistent with the highest traditions of the Association and the sensitivity that it has always displayed on issues of judicial accountability.

“This is especially so when even the Chief Justice of the High Court has publicly confirmed that he has,on the asking of the Chief Justice of India,looked into the matter and reported to the CJI about the glaring irregularities committed in a judgment delivered by the High Court Judge (Justice Pal).”

The requisition further states,“The transfer has unfortunately not yet been implemented nor has any other action been taken. The failure of the High Court Bar Association to speak out on the issue,when even the Gujarat High Court Bar Association—the Bar Association of the High Court where the Judge is proposed to be transferred—has spoken up about it,cannot but compromise and undermine our credibility and throw up a question mark over our commitment,as an Association,to judicial accountability.”

On December 8,the executive committee of the High Court Bar Association,without holding a General House meeting,had sent a resolution to Chief Justice Ranjan Gogoi of the Punjab and Haryana High Court to take “appropriate action” against Justice Pal.

Earlier this week,the Gujarat High Court Bar Association had also sent a resolution,but after holding a General House meeting,to the Chief Justice of India to “reconsider” the transfer of Justice Pal to the state and till the time it is reconsidered,to “put the transfer on hold”.

The Indian Express had reported on December 6 that Chief Justice Ranjan Gogoi had conveyed to the Chief Justice of India of “illegalities and irregularities” in an order delivered by Justice Pal.

That order,passed in 13 days,directed Haryana Urban Development Authority (HUDA) to issue an allotment letter to a private developer,M/s Orchid Infrastructure,accepting its bid of Rs 111.75 crore for 9.5 acres put up for public auction in 2004. The auction was held by HUDA for construction of a commercial tower in Sector 29,Gurgaon.

Justice Pal’s order—which has now been challenged in the Supreme Court—set aside the Sessions Court order stopping the allotment and alleging an “unholy nexus” between HUDA and Orchid.

Justice Gogoi told The Indian Express that this order was one of the “major reasons” behind Justice Pal’s transfer. Justice Pal had said that he was not aware of the reason for his transfer.