Supreme court stays transfer of AFT judge DC Chaudhary: ask chairperson for the explanation

Last Updated on October 9, 2023 by News Desk

Supreme Court on Monday stayed the transfer of Armed Forces Tribunal (AFT) judicial member justice Dharam Chand Chaudhry from the principal bench at Chandigarh to the Kolkata bench of the tribunal. It also sought an explanation from the chairperson of the AFT principal bench in the form of a report filed in a sealed cover.

“We direct that the AFT Chairperson in a sealed cover informs the Supreme Court Registrar as to why the transfer was given effect to. Pending further orders Shri Chaudhary need not assume charge in Kolkata. The execution applications being heard in Chandigarh shall not be disposed of without leave of this court.” court said.

The court was hearing a plea filed by the AFT bar association at Chandigarh challenging the said transfer by the chairperson. It was alleged that the transfer was made just before his pronouncement of the decision in a contempt case against the senior official of the Ministry of Defence.

The AFT Bar Association wrote a letter to CJI expressing their distress and decided to protest against the transfer referring to it as a “direct assault on the independence of the judiciary.

Advocate K Parmeshwar, appearing for the AFT Bar Association stated that the petitioner seeks a stay on the transfer order of Justice Chaudhary and removal of defence ministry control over the tribunal.

It was also noted that while transferring Justice Chaudhry, the chairperson had transferred the contempt case against the officer of the defence department to himself. Therefore Parmeshwar argued that the transfer was malafide and required “close scrutiny”

To this, the bench noted the petitioner’s contentions and said, “Petitioner submits that transfer is mala fide and this needs to be appreciated at a correct stage. At this stage, it appears that orders passed since December required Centre to comply. In these circumstances, the transfer would merit close scrutiny.“

It further noted, “Ordinarily, this Court is circumspect in interfering with orders involving transfers. But here a judicial member of AFT has been transferred from Punjab to Kolkata. Bearing in mind the conventional wisdom by which the exercise of power of judicial review is subject to self-imposed restraints it is needed to note the grievance of the Bar Association.”

Thus, the Chairperson of the Principal Bench was directed to submit to the Registrar General of the Supreme Court a report in sealed cover indicating the circumstances in which the order of transfer of Justice DC Chaudhary was passed.

The matter is further listed on October 12

Written by Shagun Behal