The Gujarat High Court Advocates’ Association (GHCAA) on Monday passed a resolution seeking the transfer of Chief Justice Sunita Agarwal to another High Court, following a series of controversies regarding sudden changes in judges’ rosters and disagreements within the legal community.
The move comes after Justice Sandeep N Bhatt raised concerns about the conduct of A T Ukrani, Registrar (SCMS & ICT), who has been serving in the High Court registry for the past six years.
Justice Bhatt’s remarks were linked to a case where files went missing from the court. Shortly after his observations, Chief Justice Agarwal reassigned Justice Bhatt’s roster, a decision that has triggered widespread discussions and strong resentment among the legal fraternity.
Justice Bhatt was moved from a single-judge bench and placed on a division bench alongside Justice Elesh J Vora. His reassignment has led to internal unrest among some High Court judges and lawyers, prompting GHCAA to call for an urgent meeting on Monday.
The issue has been further aggravated by previous instances where Chief Justice Agarwal had suddenly reassigned a judge’s roster. Notably, the Contempt of Court roster was transferred from the bench led by Justice Umesh Trivedi. Similarly, contempt petitions regarding stray cattle and deteriorating roads, initially handled by Justice Sameer J Dave and Justice Alpesh Y Kogje, were reassigned to habeas corpus and other matters.
Senior advocate Asim Pandya, former GHCAA president, raised concerns over these developments and urged the association to take a stand.
In a letter to GHCAA president Brijesh Trivedi, Pandya questioned whether such actions should be tolerated or opposed, highlighting their implications for fundamental rights, judicial independence, and the rule of law.
“The Chief Justice is the master of the roster, but does suddenly changing a judge’s roster in this manner serve the interests of judicial independence and administrative justice?” Pandya questioned.
He called on lawyers to support judges facing alleged unfair treatment for their observations in hearings or written orders. Pandya also referenced a past instance when the association successfully prevented the transfer of an independent and impartial judge three years ago.
GHCAA president Brijesh Trivedi had previously engaged in a heated exchange with Chief Justice Agarwal in open court, accusing her of not allowing lawyers, including senior advocates, to complete their arguments. While the matter was apparently resolved, the recent developments have reignited criticism against the Chief Justice, prompting the bar association to intervene.
During Monday’s GHCAA general body meeting, members debated whether to demand Chief Justice Agarwal’s transfer. The proposal was put to vote, with the majority supporting the move.
The resolution stated, “The House further resolves to take appropriate steps, including seeking transfer of the Hon’ble Chief Justice within the framework of law, to ensure that the faith of the litigants and the public is restored and that such practices do not recur in the future.”
Besides seeking the Chief Justice’s transfer, the GHCAA also resolved to restore public confidence in the judiciary by reversing recent developments. The association expressed serious concerns over the impact of such actions on the reputation of the Gujarat High Court and the erosion of public trust in the judicial system.
The GHCAA has decided to submit a representation to the Chief Justice of India and other Collegium Judges of the Supreme Court, highlighting the recent incidents and their impact on the administration of justice. A copy of the resolution will also be sent to the Chief Justice of India.
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