Amid transfer demands, Guj HC chief justice goes on leave
The Gujarat High Court Advocates’ Association called for Chief Justice Sunita Agarwal's transfer over judicial independence concerns, prompting her leave announcement.
The Gujarat High Court Advocates’ Association (GHAA) on Monday set off a day of dramatic developments, passing a resolution in the afternoon demanding the transfer of chief justice (CJ) Sunita Agarwal over concerns about judicial independence. Within hours, the central government came out with a late-evening presidential notification announcing that justice Agarwal has proceeded on leave from February 18 to March 2, with the next most senior judge, justice BA Vaishnav, appointed to perform the CJ’s duties.
The development took place on the day when an extraordinary general body meeting, called by GHAA president Brijesh Trivedi, lamented some recent events in the high court, including sudden changes in the roster of a few the judges.
The meeting was prompted by media reports, along with a letter from senior advocate Asim Pandya on February 15 that called upon the bar to take a stand to protect its “independence” while raising serious concerns regarding the functioning of the judiciary.
Following the meeting, GHAA unanimously resolved “that the recent developments have undermined public confidence in the judiciary”, besides having an adverse impact on the reputation of the judiciary and the administration of justice.
According to the minutes of the meeting seen by HT, GHAA resolved to make a formal representation to Chief Justice of India Sanjiv Khanna and other senior judges in the Supreme Court collegium, urging them to take appropriate measures, including considering the transfer of the chief justice of the Gujarat high court.
The high court administration has not yet issued any statement in the matter. An email sent to the registrar general for response remained unanswered.
However, on Monday evening, the department of justice issued a notification, stating that the President has appointed justice Vaishnav to discharge the duties of the Gujarat high court’s CJ as justice Agarwal is proceeding on leave from February 18 to March 2.
Pandya’s February 15 letter highlighted some administrative decisions made by justice Agarwal that ostensibly sparked debate within the legal community.
The first incident, occurring in mid-January 2025, involved the sudden transfer of contempt of court cases from one judge to another bench. The second change, announced on February 14-15, involved a roster modification effective from February 17 in which criminal matters were moved from single-judge bench to a division bench.
According to Pandya’s letter, the affected judges put the spotlight on key institutional issues. One judge, according to the letter,had taken a firm stance against government officers facing contempt charges, while another had been critical of alleged police overreach in civil disputes. “Another incident that might have prompted the chief justice to change the roster was the remarks made by the second judge against the current registrar (SCMS & ICT) with regard to missing files from the high court registry,” Pandya wrote in his letter.
“While the chief justice’s authority as master of the roster is undisputed, the question arises whether such decisions impact judicial independence,” he further wrote. Pandya emphasised that these changes could discourage judges from making independent decisions and expressing critical views during judicial proceedings.
