Savvy Thakur
Published on: 19 November 2022 at 09:08 IST
In protest against the Supreme Court Collegium’s proposal to move Justice Nikhil S Kariel from Gujarat to Patna High Court, the Gujarat High Court Advocates Association (GHCAA) has decided to stop working for good. The decision was taken in the urgent meeting of GHCAA.
The GHCAA also made the decision to write to the Gujarat High Court judges who sit on the Supreme Court.
In order to convey the Bar’s agony to the Supreme Court Collegium, a representation will be made to the Chief Justice of the Gujarat High Court.
The Collegium’s decision to transfer Justice Kariel from Gujarat to the Patna High Court was covered by Bar & Bench earlier today.
Hundreds of lawyers, including Senior Advocates, had gathered in the courtroom of the Chief Justice of the Gujarat High Court to express their opposition to the move after learning of the news.
Senior Advocate Mihir Thakore drew attention to the proposed transfer when Chief Justice (CJ) Arvind Kumar inquired as to why they had gathered in court and stated that they wished to observe two minutes of silence in memory of the proposed transfer as the loss of judiciary independence.
Thakore stated, “The judiciary’s independence has been destroyed by the transfer of Justice Kariel. We are here to observe two minutes of silence for the same.”
After that, the GHCAA got together at two in the afternoon and decided not to work.
“To abstain from court proceedings immediately, i.e. from 02:30 PM today” and “to further have a representation sent to Chief Justice of India and other Judges of the Collegium and other Judges of this court who are now presiding as Judges of Supreme Court to reconsider the recommendation of transfer of Justice Kariel” these were the words of the resolution that was approved by GHCAA.
The body of the Bar also decided that a group of five members of the Bar, including the president and secretary of the GHCAA, would fly to Delhi to meet with the Chief Justice of India, DY Chandrachud, and ask him to think twice about the transfer.
“It is reiterated that the transfer of such an honest and upright judge, for which the entire Bar is vouching in unison, is not in good taste and is strongly opposed because it threatens the Rule of Law and Independence of the Judiciary, two essential pillars upon which our Constitution is founded.”
The resolution added, “It is also resolved that the delegation may convey the Bar’s sentiment to all concerned, including the CJI and other Judges of the collegium.”
In light of the strike, the GHCAA has also decided to delay the elections for its committee’s various positions. On November 18, the elections were scheduled to take place.
In addition, on Monday morning, prior to the High Court’s second meeting on the matter, the advocates would hold a protest near the entrance gate.