Supreme Court Collegium does not provide uniform explanations for decisions on transferring judges on humanitarian grounds
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Supreme Court Collegium does not provide uniform explanations for decisions on transferring judges on humanitarian grounds

The five-member collegium recommended the repatriation of Judge T Vinod Kumar from the High Court of Madras to his native High Court of Telangana on September 28 in connection with his upcoming retirement on November 16.

Decisions by the Supreme Court collegium regarding the transfer of judges between different High Courts are usually justified by the need for 'better administration of justice.' However, this standard explanation is not uniform, as the collegium shows exceptional leniency when approving requests from some judges for transfer or repatriation due to complex family circumstances or health issues, while treating others with detachment.

A judge who acted as a single judge has left verdicts undetermined in over 170 cases since 2020. If the imminent retirement of Judge Kumar was the basis for his repatriation, similar attention was not paid to Judge D Nagarjun, who was transferred from the High Court of Telangana to the High Court of Madras.

Judge Nagarjun, a career judicial officer who was promoted to a High Court judge in March 2022, was transferred to the High Court of Madras in April 2023. Since his retirement was scheduled for August 14, 2024, he submitted a request to the Chief Justice of the Supreme Court on July 25, 2024, for repatriation to his native High Court of Telangana; however, the collegium ignored this request and allowed him to retire at the High Court of Madras.

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