The Delhi High Court Bar Association (DHCBA) today appealed to judges to maintain high standards of judicial propriety by keeping themselves away from officiating in the same high courts where their kith and kins are practicing.
The DHCBA came out with a statement welcoming the decision of Justice Ashutosh Kumar for seeking his transfer from Patna High Court to Delhi High Court as his family members were practicing there.
Kumar is scheduled to take oath as the judge of Delhi High Court tomorrow.
"It is one of the rare occasions when a judge himself sought transfer on such ground to ensure that a strong message should be given to one and all that relatives of a judge should not get undue favour from his being elevated to the same high court," DHCBA President Rajiv Khosla said.
The Bar also questioned as to why the same policy is not adopted uniformly in all high courts at the time of an appointment. It referred to the transfer policy, which takes care of the issue for minimising favouritism and nepotism, but was later discontinued for reasons not known to anyone.
The statement said that discontinuing the policy for judges to keep away from those high courts where their relatives were practicing has resulted in lot of frustration amongst the meritorious lawyers on account of undue favours being granted to the acquaintances and relatives of judges.
"It is a fact that these very privileged persons get special favours in the shape of retainership, appearances, panels, assignments including appointment of Local Commissioner etc. Giving a boost to their practice in a short span of time making them earn millions of rupees in no time," the statement said.
"It is the need of the hour to ensure that those judges who use their influence through themselves or through their colleagues to enhance the practice of their kith and kin and acquaintances should be transfered to other states," it said.
