Gujarat High Court Controversy: Advocates Demand Transfer of Chief Justice Sunita Agarwal

Image credits: Virendrabhai Dhadhal

The Gujarat High Court has been embroiled in a series of controversies, with the latest incident sparking widespread discussions and strong resentment within the judicial system and the legal community. The Gujarat High Court Advocates' Association (GHCAA) has resolved to seek the transfer of Chief Justice Sunita Agarwal to another High Court, citing concerns over her sudden changes to judges' rosters and the potential impact on judicial independence. The controversy began when Justice Sandeep N Bhatt raised serious concerns about the conduct of A T Ukrani, Registrar (SCMS & ICT), who has been working in the High Court registry for the past six years. Justice Bhatt's critical remarks were followed by the sudden reassignment of his roster by Chief Justice Agarwal, which has led to internal unrest among some of his fellow High Court judges and lawyers.

The GHCAA has called for an urgent meeting to discuss the issue, with senior advocate Asim Pandya, former president of the association, writing a letter to the current president, Brijesh Trivedi, demanding an urgent general body meeting. Pandya has made serious allegations, stating that this is the second instance in recent weeks where the Chief Justice has abruptly reassigned a judge's roster, and questioned whether the association should tolerate such decisions or oppose them. He has also emphasized that these incidents have far-reaching consequences for citizens' fundamental rights, the rule of law, and administrative justice. The association has scheduled an emergency meeting to discuss the issue and has resolved to seek the transfer of Chief Justice Agarwal to another High Court.

The controversy has also led to the appointment of Justice Biren Aniruddh Vaishnav as the acting Chief Justice of the Gujarat High Court from February 18 till March 2, as Chief Justice Sunita Agarwal has proceeded on leave for this time period. The notification issued by the Ministry of Law and Justice states that Justice Vaishnav will perform the duties of the office of the Chief Justice during the period of absence of Chief Justice Agarwal. The GHCAA has unanimously passed a resolution seeking the transfer of Chief Justice Agarwal to another HC within the "framework of law" over the issue of a change in roster.

The timeline of events is as follows: * February 17, 2025: The GHCAA resolves to seek the transfer of Chief Justice Sunita Agarwal to another High Court * February 17, 2025: The Ministry of Law and Justice notifies the appointment of Justice Biren Aniruddh Vaishnav as the acting Chief Justice of the Gujarat High Court from February 18 till March 2 * February 18, 2025: Chief Justice Sunita Agarwal proceeds on leave * February 18, 2025: Justice Biren Vaishnav takes over as the acting Chief Justice of the Gujarat High Court. The stakeholders involved in the controversy include the GHCAA, Chief Justice Sunita Agarwal, Justice Sandeep N Bhatt, and Justice Biren Aniruddh Vaishnav. The policy points at issue include the sudden changes to judges' rosters, the potential impact on judicial independence, and the need for transparency and accountability in the administration of justice.

The statistical data on the controversy is limited, but it is clear that the issue has sparked widespread discussions and strong resentment within the judicial system and the legal community. The GHCAA has unanimously passed a resolution seeking the transfer of Chief Justice Agarwal to another High Court, and the Ministry of Law and Justice has notified the appointment of Justice Biren Aniruddh Vaishnav as the acting Chief Justice of the Gujarat High Court. The controversy highlights the need for transparency and accountability in the administration of justice and the importance of protecting judicial independence and fundamental rights.