The Gujarat High Court Advocates’ Association (GHCAA) on Monday resolved to seek transfer of Chief Justice Sunita Agarwal to another High Court.

Gujarat High Court has embroiled in a series of controversies. In a case where files went missing from the court, Justice Sandeep N Bhatt raised serious concerns about the controversial and suspicious conduct of A T Ukrani, Registrar (SCMS & ICT), who has been working in the High Court registry for the past six years. 

Following these critical observations, the sudden change in Justice Bhatt’s roster by the Chief Justice has sparked widespread discussions and strong resentment within Gujarat’s judicial system and the legal community.

The abrupt reassignment of Justice Sandeep N Bhatt’s roster has also caused internal unrest among some of his fellow High Court judges and lawyers. In response, GHCAA had called for an urgent meeting on Monday.

It is not the first time that Chief Justice Agarwal has suddenly changed a judge’s roster. Previously, she had unexpectedly reassigned the Contempt of Court roster from the bench led by Justice Umesh Trivedi. 

Similarly, the contempt petition hearings concerning stray cattle and deteriorating roads, which were being heard by the bench of Justice Sameer J Dave and Justice Alpesh Y Kogje, were also reassigned, transferring them to habeas corpus and other matters. At that time, this move had also triggered widespread discussions.

Now, after Justice Bhatt’s critical remarks against Registrar Ukrani (who, during his tenure as Additional District Judge in Surat, was involved in the disappearance of 15 case files within seven months), Chief Justice Agarwal reassigned Justice Bhatt’s roster. 

He was moved from a single-judge bench and placed on a division bench alongside his senior, Justice Elesh J Vora. This has led to strong resentment and outrage among the legal fraternity.

Senior advocate Asim Pandya, former president of the GHCAA, has written a letter to the current president, Brijesh Trivedi, demanding an urgent general body meeting to discuss this issue. As a result, the association has scheduled an emergency meeting tomorrow afternoon.

In his letter, the former president made serious allegations, stating that this is the second instance in recent weeks where the Chief Justice has abruptly reassigned a judge’s roster. He questioned whether the association should tolerate such decisions or oppose them.

He further emphasised that these two incidents have far-reaching consequences for citizens' fundamental rights, the rule of law, and judicial independence. 

He also posed a critical question – Although the Chief Justice is the master of the roster and has the authority over assignments, does suddenly changing a judge’s roster in this manner serve the interests of judicial independence and administrative justice?

The former president of the association also urged lawyers to stand in support of judges who are being unfairly targeted for their observations during hearings or in written orders. 

He warned that if such treatment is tolerated, independent and impartial judges will be lost. He recalled a similar instance three years ago when the association successfully prevented the unjust transfer of an independent and impartial judge from Gujarat High Court to another High Court. He stressed that the association must protect such judges to uphold the rule of law and judicial independence at all costs. 

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