Eight city civil and sessions court judges in Maharashtra have been transferred from the court's principal branch to its new branch in Mazgaon, Mumbai with effect from January 2, 2024, amid protests by lawyers against such a transfer.
The eight judges have been assigned to hear commercial matters, criminal appeals, revision applications and summary suits at the Mazgaon branch.
The transfer of judges to the Mazgaon branch was notified on December 21, 2023. On the same date, the Bombay City Civil and Sessions Court Bar Association initiated a two-day hunger strike (on December 21 and December 22) as a mark of protest against the move.
The Bar association has raised concerns that the transfer of cases to the new courts would be inconvenient not just for the lawyers, but also for the litigants as there is no adequate transport facility to the Mazgaon branch.
Bar association member Advocate Pradeep Gandhy called this the first set of transfers, adding that more transfers were anticipated.
“The Bar members have not been taken into confidence before the construction of the building. I have written several letters about this to the Chief Justice of the Bombay High Court. The protests will continue,” he told Bar and Bench.
The Bar Association President Advocate Ravi Jadhav informed Bar and Bench that the association would resume their hunger strike from January 2, 2024 (after the winter break) for an indefinite period.
Jadhav pointed out that despite communications to the principal Judge and guardian judges of the High Court on December 20, 2023, a notification was issued on December 21, showing a blatant disregard to the then ongoing two-day strike.
“The absence of any communication, meeting, or visit from the principal Judge during the protest on 22/12/2023 emphasizes a disregard for the advocates' concerns. The Hon’ble principal judge has not only failed to uphold his pledge as a judge but has also neglected his moral and ethical obligations. His actions are a clear violation of the trust bestowed upon him," a press release by the association said.
The building at Mazgaon was inaugurated on April 24, 2023, with forty-two courtrooms, out of which twenty-one are assigned for metropolitan magistrate courts and twenty-one are assigned for city civil and sessions courts. The Magistrate courts have already been occupied since April.
With these transfers, the Bombay city civil and sessions court now has four branches. While the principal branch has fifty-nine judges (out of which eight have been transferred), the branch at Dindoshi has sixteen judges and the branch at Sewree (which deals with only fast-track criminal matters) has four judges.
TAGS: Judicial upheaval Maharashtra Eight Judges Transferred ProtestsBombay Bar Association Hunger Strike Judges' Transfer Mazgaon
