HW Community
Transfer of Judges – A Tool to Undermine the Institution of Justice
Shimla- Justice S Murlidhar of Delhi High Court who was hearing a petition on Delhi Riots, had sharply condemned both the government and police on Wednesday. His scathing remarks questioned the working of the police. Following it, orders for his immediate transfer came late at night the same day to the Punjab and Haryana High Court.
Earlier on 12th of February, a resolution of the collegium was passed deciding on transfer. Widespread protests were made by lawyers against the resolution of the collegium as the decision was unreasoned, unconventional, against past practices and had the potential to significantly affect the functioning of Courts.
Coincidently the judge on the day of the Center’s notification of transfer was hearing a PIL on DELHI Riots and had asked why there shouldn’t be FIRs against those who had indulged in hate speech before the riots occurred. He told the Delhi Police chief to “seriously consider the consequences” of not registering the FIR.
The judge has been regarded by the DELHI Bar as one of the ‘citizen-friendly judges’ who is known for standing up for individual rights and for passing many orders for checking unconstitutional use of state power. The Judge has delivered several landmark judgments and was known to be impervious to pressure.
The Collegium & Sherlock Holmes
Former Supreme Court Judge Justice Madan Lokur had raised questions on the manner of functioning of the collegium. The Judge observed;
“The mystery behind the change in the appointment of the chief justice from one high court to another will need a Sherlock Holmes to unravel”.
As a rule of practice, It is only when a person is being appointed as a high court judge for the first time that he or she is sent out of his practising court. Once a permanent High Court judge is appointed and posted, he is transferred to another high court only upon elevation as Chief Justice. In the present case, there has been a departure from this rule of practice. In such circumstances where the norms are not being followed and an unconventional procedure is followed then it becomes imperative that reasons are recorded in writing stating the cause of such a departure. Not only reasons have to be recorded but even the consent of the judge needs to be taken. These principles flow from the basic structure of the constitution i.e “independence of the judiciary”.
However, the Notification affecting the transfer doesn’t mention the reasons for the decision, nor does the resolution of the Collegium passed on 12th February state any good reason for the transfer.
The Strike of Lawyers
The hurried manner in which the transfer is effected is troubling so much so that the Delhi High Court Bar Association (DHCBA) has condemned the transfer recommendation and also passed a resolution unanimously regarding this. The Bar Association had expressed dismay at the transfer of one of the finest judges by the collegium of the Supreme Court.
Expressing “shock” at the collegium recommending Justice Muralidhar’s transfer, the high court bar association hoped the decision would be recalled, saying such transfers were “detrimental” to the institution.
The resolution stated;
“Unequivocally and in the strongest possible terms, the Delhi high court bar association condemns the said transfers… Such transfers are not only detrimental to our noble institution but also tend to erode and dislodge the faith of the common litigant in the justice dispensation system. Such transfers also impede free and fair delivery of justice by the bench,” a resolution passed by the association said.
The association requested its members to abstain from work on 20 February 2020, “as a token of protest as the said transfer is a rarest of rare case, the majesty of our revered institution is at stake”.
Hon’ble Judge has been a part of important decisions as, disclosure of assets by judges under RTI, Legalization of Homosexuality and 1984 anti-Sikh riots.
Transfer of Judges – A Threat to The Independence of Judiciary
If the judiciary has to be a bulwark for the protection of the “rights of the individual” and mete out even-handed justice without fear and favour” then it should be independent.
Exercise of the judicial function is one which requires more than any other work a proper balance of mind and an undisturbed and peaceful life. Administration of justice cannot properly be done by a disgruntled judge. If transfer hangs over his head like a Damocles’ sword, the balance of justice slips out of his hand. An immediate and unnoticed transfer may cause so great inconveniences that it may compel him to quit rather than comply with the transfer order.
In the judges’ case, the Supreme Court held that the consent of the judge was not necessary for his transfer from one High Court to another. According to the Court, there are three safeguards against arbitrariness in the use of the President’s power to transfer judges under Article 222. They are:
- There must be full and effective consultation with the
Chief Justice of India. - The power of transfer can be exercised in the public interest only and not by way of punishment.
- Judicial review of the decision of the President to
transfer a judge.
However, do these safeguards suffice to preserve the independence of the judiciary, one of the cardinal faith of the Constitution? Judges, unlike government servants, hold an office under the Constitution and there is no master-servant relationship between the government and the judge. A close study of Sankal Chand’s case and the Judges case would reveal that the Supreme Court has miserably failed to bring out the clear distinction between the transfers by punishment and transfers in the public interest or the present matter, as the order put it, “for better administration of justice“. These expressions are not capable of any precise definition and in a given set of circumstances may be applied differently by different people. In many cases, it would not be possible to rule out some elements of a penal character. The present procedure, as it stands, has instead of limiting the scope of transfers only enhanced its scope by giving a very elastic definition of public interest and ‘better administration of justice”.
Object /Reason and purpose of transfer needs to be spelt out in Orders
The great Mr Palkhiwala, after examining the Judges’ case had rightly pointed out that the dichotomy was not between transfer in the public interest and “for better administration of justice” and transfer by punishment, but the dichotomy was between transfer in’ public interest’ and transfers for ‘extraneous considerations’. According to him, the object of the transfer and not the result, or effect, of the transfer is the decisive factor. The object of the purpose needs to be clearly spelt out in such orders and this cannot be done in a slip-shod manner.
Consent OF the Judge must be sought
Justice Bhagwati in Sankal Chand’s case and reiterated in the Judges case that the “transfer is made consensual” was the only effective safeguard for a judge against arbitrary transfer and only if such an interpretation is accepted, the noble concept of independence of the judiciary can be preserved. This view is shared by many eminent jurists, judges, lawyers etc. The Lord Chief Justice of England, Hon. Lord Lane, speaking on “Standards of Judicial Independence” expressed the view that a judge ought not to be liable to be transferred from one High Court to another without necessarily seeking his consent. Justice H. R. Khanna, a former judge of the Supreme Court, regretted that the Law Commission’s recommendation that no judge should be transferred without his consent unless a panel consisting of the Chief Justice of India and his four seniormost colleagues find cause for such a course has fallen into deaf ears.
The Hon’ble judge not only ‘did not give his consent‘ but had also taken a critical view of the functioning of the police and remarks made by the members of the ruling party. The timing of the transfer during the pendency of such a sensitive matter is highly suspicious and can have a chilling effect upon judges and judicial functioning.
Better administration of justice can be achieved by providing detailed reasons to the Hon’ble judge and the people of India. Transfers without reason can instil fear in the minds of the judges, the first casualty of which would be the justice itself.
The constitutional provision (Article 222) on the transfer of judges has a direct and proximate connection with the independence of the judiciary. This provision, like many other constitutional provisions, can be made use of for achieving many useful purposes as well as evil purposes until a clear and reasonable interpretation is given to the Article keeping in view the principle of “independence of the judiciary” in mind. Its abuse will have many dangerous effects on the judiciary and its independence. If the judiciary loses its independence and becomes subservient, the net result would be that the Constitution will lose its prominence. Justice Khanna has aptly put it like this:
“Once the independence of the judiciary is undermined and the seats of Justice came to be occupied by men with pliable conscience’ and subservient to the political wing of the State, the first casualty would necessarily be the supremacy of the Constitution, for it, would be open to every branch of the State to ride roughshod over the provisions of the Constitution.”
(The post was first published in https://lawumbrella.wordpress.com/ )
Shimla—A quiet but worrying crisis is unfolding in Himachal Pradesh. Across several districts, traders, hoteliers, and restaurant owners are reporting a sharp shortage of commercial LPG cylinders, leaving many establishments with barely a few days’ supply. In a state where tourism drives the local economy, disruptions in cooking fuel supply can quickly escalate into a wider economic concern.
Local reports indicate the shortage is already affecting hospitality businesses. Traders in Shimla have warned that commercial gas stocks may last only a couple of days if fresh deliveries do not arrive soon, according to a report by Amar Ujala. Restaurant owners have echoed similar concerns in Solan and nearby tourist towns, where businesses fear that kitchens may soon struggle to operate without regular supplies, as reported by Dainik Jagran.
At first glance, the shortage appears to be a regional supply bottleneck. In reality, the problem is tied to wider disruptions in global energy markets triggered by the ongoing tensions in West Asia.
Tourism economy vulnerable to fuel disruption
Himachal Pradesh’s tourism sector relies heavily on thousands of small and medium establishments—restaurants, cafés, dhabas, and hotels. Unlike large metropolitan areas where piped natural gas networks are expanding, most commercial kitchens in the hill state still depend almost entirely on LPG cylinders.
This dependence makes the sector particularly vulnerable. Even short supply disruptions can force restaurants to reduce operations, limit menus, or temporarily shut down.
Industry bodies across India have already sounded the alarm. Restaurant operators have warned that continued supply disruptions could lead to closures across the sector. For a tourism-driven state like Himachal Pradesh, such disruptions can ripple through the wider economy.
The global trigger: instability in West Asia
The roots of the crisis lie thousands of kilometers away. The conflict involving the United States and Iran has begun affecting energy markets and shipping routes in the Gulf region.
A key concern is the Strait of Hormuz, one of the world’s most important energy corridors through which a large share of global oil and LPG shipments pass. India’s dependence on this route is substantial. Energy analysts estimate that a majority of India’s LPG imports originate from Gulf countries and move through this narrow maritime passage, as noted in a report by The New Indian Express.
Any instability in the region immediately affects supply chains. Shipping risks rise, insurance premiums increase, and cargo movement slows. These pressures eventually filter down to domestic markets.
Recent reports have also linked rising LPG prices and supply concerns to the Middle East crisis, with consumers expressing worry about the impact of the conflict on cooking gas costs, according to ANI News.
Domestic prioritisation, commercial shortage
When supplies tighten, governments typically prioritise household consumption. Domestic LPG cylinders are considered essential for daily cooking, and maintaining their availability becomes a policy priority.
However, this often leaves commercial users facing reduced allocations. Restaurants and hotels depend almost entirely on commercial cylinders, which are distributed through a separate supply channel.
In response to the emerging supply concerns, the government has reportedly taken steps to ensure adequate domestic availability of LPG, including directing refiners to increase production and manage distribution more closely, as reported by The Economic Times.
While such measures protect households, they can intensify shortages for commercial establishments.
Geography amplifies the problem
Himachal Pradesh faces additional logistical challenges. LPG cylinders used in the state are largely transported from bottling plants located outside its borders. Moving these supplies across mountainous terrain involves long supply chains and limited transport routes.
When upstream deliveries slow down—whether at ports, refineries, or bottling plants—the impact reaches hill towns more quickly and more sharply.
At the same time, alternatives remain limited. Large-scale piped gas networks are rare in the state, and many commercial kitchens lack the electrical capacity required for high-energy cooking equipment.
A warning for energy resilience
The emerging LPG shortage in Himachal Pradesh is more than a temporary supply issue. It highlights a deeper vulnerability in India’s energy system—heavy dependence on imported fuel and fragile supply chains exposed to geopolitical shocks.
For a café owner in Shimla or a hotel operator in Manali, the geopolitics of West Asia may seem distant. Yet the current situation demonstrates how closely global energy flows are tied to local economies.
A disruption in the Persian Gulf can slow tanker shipments, delay fuel supplies at Indian ports, disrupt distribution networks—and ultimately affect the availability of cooking gas in a Himalayan kitchen.
As the situation evolves, the hope in Himachal Pradesh is that supply lines stabilise quickly. But the episode offers a clear lesson: in an interconnected world, even the quiet kitchens of the mountains are not insulated from global conflict.
Mandi|July 11, 2025 — In the lap of the Himalayas, nestled among deodar forests and flowing streams, the district of Mandi has long stood as a symbol of Himachal’s tranquil beauty. But in the monsoon of 2025, that tranquillity was shattered — not by nature alone, but by a deadly combination of climate extremes, administrative apathy, and long-ignored warnings.
This year’s monsoon came not as a nurturing rain, but as a devastating deluge. What began in late June as a forecasted spell of heavy rainfall turned into one of the deadliest natural disasters in recent memory for Himachal Pradesh. And no place bore the brunt quite like Mandi.
The Collapse of Safety
Between June 20 and July 10, the state witnessed 91 rain-related deaths, out of which 17 occurred in Mandi district alone, making it the hardest-hit region according to the State Disaster Management Authority. More than 750 homes were completely destroyed, and another 880 partially damaged, while 10 bridges, multiple roads, and entire stretches of power and water infrastructure were washed away. In just 21 days, the estimated damage statewide crossed ₹750 crore.
The primary culprits? Landslides, cloudbursts, and flash floods — many of which occurred in the dead of night, catching villagers off guard.
In Siyathi village, 67 lives were saved not by sirens or warning systems, but by a dog’s bark. A resident, Narendra, told media:
“It was midnight. We were sleeping. Suddenly the dog began barking non-stop. We ran out. Within minutes, the entire hillside collapsed and our homes were buried.”
The dog, unnamed but hailed as a hero, became a symbol of what worked in a place where institutional response did not.
A Night of Heroes in Deji Village
In nearby Deji, two college students — Ronid Pundir and Sahil Thakur — from Thunag Horticulture College became real-life saviours. When a sudden cloudburst triggered a flash flood in the dead of night, the duo ran from house to house, waking families and helping them escape. Their actions helped evacuate over 150 people.
“We didn’t think twice. We just saw the water rising and started pulling people out,” Ronid told the media.
Despite such moments of courage, the tragedy left deep scars. In many parts of Seraj, Karsog, and Sundernagar subdivisions, residents reported that local authorities failed to respond in time. Emergency shelters were ill-equipped. In remote hamlets, stranded families waited hours, sometimes days, for rescue.
A Failure of Planning, Not Just Weather
Himachal’s vulnerability to extreme weather is well known. Yet critics argue that poor land use planning, unregulated construction near rivers, and unsafe road-cutting practices have greatly magnified the disaster’s impact.
Geologists and environmentalists have warned for years that road expansion projects and large-scale deforestation in hill regions have weakened slope stability. In many places, construction has occurred dangerously close to water channels, despite repeated advisories.
This time, the warnings played out in real-time — with mud, stone, and entire homes tumbling into ravines.
Government Response: Promises and Limitations
Chief Minister Sukhvinder Singh Sukhu visited the worst-affected villages, including Baga, Syanj, and Panglyur, personally distributing relief materials and speaking with the victims.
“No family should feel alone. The state stands with you,” he said during a relief camp visit.
The state government announced ₹7 lakh in compensation per fully destroyed house, and temporary shelters for displaced families. In contrast, the central government’s compensation — capped at ₹1.3 lakh — has drawn criticism from state ministers and the public alike.
Revenue Minister Jagat Singh Negi remarked:
“What we’re getting from the Centre is insufficient. Our people are suffering. We need stronger, faster support.”
A Glimpse into the Future
Perhaps the most chilling aspect of this disaster is that it may be only the beginning. Scientists warn that climate change is accelerating the frequency and intensity of such events in the Himalayas. Increased temperatures are destabilizing glaciers. Erratic rainfall patterns are overwhelming natural drainage systems.
Experts now call for a complete reassessment of infrastructure policy in Himachal — including bans on construction near rivers, better slope-stabilization in road projects, and improved early warning systems for landslides and flash floods.
“What’s happening is not natural anymore,” said a climate scientist from IIT Mandi. “It’s a man-made disaster wrapped in nature’s disguise.”
Beyond Numbers: The Lives Left Behind
In the hills of Mandi, statistics cannot capture the grief. Each day, as clouds gather, a quiet anxiety grips the village once more.
Shimla– In times of conflict, journalism must rise to its noblest purpose: truth, accountability, and responsibility. And yet, as India and Pakistan faced off once again across borders—bullets flying, lives lost, families shattered—a section of the Indian media turned tragedy into theatre.
From the moment reports of cross-border attacks surfaced, several primetime news anchors transformed their studios into shrill war rooms. Not to inform, but to inflame. Graphic war music, animated explosions, ticker tapes screaming “BREAKING”—the spectacle began. As soldiers bled on the border, TV screens bled hyperbole.
The most damning criticism did not come from adversaries but from global media observers. The BBC described Indian news channels’ coverage as “jingoistic and unhinged”. Al Jazeera and The Guardian echoed similar sentiments, noting how unverified reports, doctored videos, and belligerent studio debates replaced sober reportage.
Anchors, who had never seen a trench or a frontline, banged desks demanding military action. Unconfirmed reports were aired without attribution. Words like “annihilation,” “revenge,” and “surgical strike 2.0” were thrown around with theatrical bravado. There was no time to pause for facts. There was no room for nuance. There was only TRP.
The absurdity reached its peak when a few channels aired animations of fighter jets with triumphant music. Meanwhile, real families were burying their dead – soldiers and civilians alike.
In this chaos, journalism died a quiet death.
Media as Vultures
The metaphor is tragically apt. These channels, masquerading as patriots, behaved like vultures—circling the battlefield, feeding off the dead for ratings. Their hunger wasn’t for truth, but for viewership. They amplified hatred, dismissed dissent, and turned war into primetime entertainment.
And in doing so, they embarrassed India, not just at home but before the world.
The Cost of Sensationalism
When media loses its spine, democracy loses its mirror. The consequence is not just embarrassment—it’s danger. Misinformation in wartime can escalate conflict, trigger communal unrest, and mislead policymakers. A responsible media can cool tensions. An irresponsible one can fan the flames.
We must ask: Where is the human cost of war—the widows, the orphans, the destroyed homes? Where is the perspective from peace-builders, historians, and diplomats? Journalism is not supposed to echo government talking points—it is supposed to hold power to account, especially in wartime.
What Needs to Change
The Press Council of India, the News Broadcasting & Digital Standards Authority (NBDSA), and civil society must take stronger action against media outlets that violate ethical standards. Viewers too must switch off noise in favor of news. The Indian media must remember that its loyalty is to truth—not to war, not to government, and certainly not to TRP.
War is not a spectacle. Soldiers are not content. And journalism is not war-mongering.
It is time Indian newsrooms return to their core duty: informing citizens with accuracy, dignity, and humanity.
Himachal’s LPG Supply Hit Amid Global Tensions, Likely to Affect Hospitality Industry
Himachal Teen Survives 12-Minute Leopard Attack, Kills Predator in Self-Defense
Weather Forecast for Himachal Pradesh For the Next Two Weeks
Monsoon 2025: Himachal Pradesh Suffers 199 Casualties, Over ₹1,905.50 Cr in Damages
Home Decor Ideas 2020