Delhi High Court Bids Farewell to Justices Amid Bar's Concerns Over 'Frequent' Judicial Transfers

New Delhi – The Delhi High Court held a full court reference to bid a poignant farewell to Justice Arun Monga and Justice Tara Vitasta Ganju, following their recent transfers to the Rajasthan and Karnataka High Courts, respectively. While the ceremony was marked by warm tributes and emotional speeches from the departing judges, it also served as a platform for the Delhi High Court Bar Association (DHCBA) to voice significant concerns over the increasing frequency of judicial transfers and their potential impact on the independence of the judiciary.

The farewell, a customary event of solemnity and reflection, took on a sharper edge as DHCBA President, Senior Advocate N Hariharan, articulated the Bar's growing unease. He highlighted that while transfers are an administrative practice, their recent frequency raises questions that touch upon the core principles of constitutional design and judicial autonomy.

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A Matter of Constitutional Principle, Not Personalities

In a direct and measured address, DHCBA President N Hariharan underscored the Bar's position that the issue transcends individual postings and speaks to a matter of fundamental principle. He pointed out that the Bar in Delhi has witnessed a noticeable trend of judicial transfers from the High Court in the last couple of years.

“The constitutional scheme, which carefully balanced executive influence with judicial autonomy, is placed under strain when transfers are deployed in a manner that disrupts the organic process of building institutional memory and judgment within collegiums,” Hariharan stated.

He passionately argued that the independence of the judiciary is not a mere privilege for judges but a fundamental right belonging to the people, safeguarded only by an autonomous judicial system. "Judicial independence is not a privilege of judges. It is the people's right, and only an independent judiciary can safeguard their liberties," he asserted, framing the debate in the broader context of constitutional guarantees.

Hariharan clarified that the Bar’s stance is not one of confrontation but a call for "dialogue, of vigilance, and of preserving institutional trust." He reiterated that the DHCBA has raised these concerns in appropriate forums, including a recent letter to the Chief Justice of India, emphasizing that the Bar, as an equal stakeholder in the administration of justice, should not be "kept in the dark when crucial decisions regarding elevation and transfers of Justices are made."

Tributes and Reflections from the Bench

Chief Justice D.K. Upadhyaya, in his address, acknowledged the sentiments of the Bar while paying tribute to his departing colleagues. He lauded Justice Monga, who joined the Delhi High Court on July 21 after serving at the Rajasthan High Court, as a "relief giving judge" whose patient hearings and decisive judgments were appreciated by members of the criminal bar. The Chief Justice also noted Justice Monga's adaptability and expressed confidence that he would uphold the spirit of justice in his new assignment.

Regarding Justice Ganju, who was appointed to the Delhi High Court on May 18, 2022, the Chief Justice commended her for her commitment to the speedy disposal of cases and her ability to grasp the core issues of any matter. He described her transfer to Karnataka as an opportunity to experience a different cultural and litigative environment, which would add to her judicial experience.

“I am confident that their presence would be significant value addition to the High Courts. Justice Monga and Justice Ganju have a long career and I convey my best wishes to them on their journey on the path of justice,” Chief Justice Upadhyaya concluded.

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Emotional Farewells from the Departing Judges

Justice Arun Monga delivered a thoughtful speech on the role and legacy of a judge. Recalling his journey from the Punjab and Haryana High Court to practicing in Delhi for over two decades before his elevation, he described the Delhi High Court Bar as his "adoptive parent."

He emphasized that a judge's true voice lies not in public appearances but in their written judgments. “A judge's true voice is not in speeches or appearances, but in the reasoning, restraint and reflection left behind in his judgments,” Justice Monga said. “Those words, once written, become our quiet conversation with the law and with those who follow it.” He expressed his hope that his judgments would continue to provoke thought and debate, as that is the enduring contribution a judge can make.

Justice Tara Vitasta Ganju gave an emotional address, describing the difficulty of leaving an institution that had shaped her entire professional life, first as a lawyer and then as a judge. "Saying goodbye to the Delhi High Court, a place that shaped not only my career but my very understanding of justice, stirs deep emotions," she shared.

In a powerful reflection on the judiciary's role, Justice Ganju stated, “The judiciary, in my view, is not a mere arbiter of disputes, but also a guardian of constitutional promise. Promise of liberty, equality and justice for all. It is our solemn duty to ensure that the law remains the shield for the weak and not a sword for the powerful.”

Addressing criticism she may have faced for working long hours, she maintained that diligence is not a fault when serving the cause of justice. “The demands of justice do not always keep to the clock, and our foremost duty must remain to the nation and to the litigants who seek relief from us,” she affirmed. Advising younger members of the Bar to cultivate discipline and humility, she concluded her speech on a hopeful note: "It is not a goodbye, a pause, not a conclusion. Until we see each other again.”

The farewell ceremony thus served a dual purpose: it honored the service of two respected judges while simultaneously amplifying the legal community's ongoing and critical conversation about the mechanisms of judicial transfers and their profound implications for the bedrock of India's constitutional democracy—an independent judiciary.