Supreme Court Recommends Transfer of Gujarat High Court Judge Who Refused to Pause Rahul Gandhi’s Conviction

The Supreme Court Collegium has recommended transfer of four judges of the Gujarat High Court.

New Delhi:

The Gujarat High Court judge who refused to pause Congress MP Rahul Gandhi’s conviction in the criminal defamation case over his ‘Modi surname’ remark is among nine judges recommended for transfer by the Supreme Court Collegium. Justice Hemant M Prachchhak, in a 123-page verdict in July, had rejected Rahul Gandhi’s request, saying no case was made out to stay the conviction.

The Collegium has recommended the transfers “for better administration of justice”, according to a document put up on the Supreme Court website last night.

In the past, Justice Prachchhak had been a part of the lawyers’ team defending former BJP minister Maya Kodnani, an accused in the 2002 Gujarat riots case.

Justice Prachchhak reportedly began as a lawyer in the Gujarat High Court, and went on to work as assistant pleader of the Gujarat government under then Chief Minister Narendra Modi. In 2015, a year after Narendra Modi became Prime Minister, he was appointed the Union government’s standing counsel for the High Court of Gujarat. He held the post till 2019.

In 2021, he was appointed a judge at the Gujarat High Court.

In addition to Justice Prachchhak, the Collegium has also recommended transferring Justice Samir Dave, who had opted out of hearing Teesta Setalvad’s request to cancel an FIR against her for alleged fabrication of evidence in the 2002 Godhra riots case, and Justice Gita Gopi, who had dropped out of a hearing on Rahul Gandhi’s plea to suspend his conviction.

Justice Samir Dave had recently courted controversy for his “Manusmriti” reference while hearing a minor rape survivor’s plea for permission to terminate her pregnancy.

“Ask your mother or great-grandmother. Fourteen-fifteen was the maximum age (for marriage), and girls used to give birth to their first child before turning 17. And girls get mature before boys….Though you may not read, but you should read Manusmriti once,” Justice Dave said in oral observations.

Four judges from the Punjab and Haryana High Court, and one from the Allahabad High Court, also feature in the list of nine recommended names.

The decision was taken by the Collegium consisting of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant in its meeting held on August 3. The Collegium resolution, which was uploaded last night, said that the transfers are being recommended “for better administration of justice.

Summary:

• The Supreme Court Collegium has recommended the transfer of four judges of the Gujarat High Court.
• Among the recommended transfers is the judge who refused to pause Rahul Gandhi’s conviction in the criminal defamation case.
• The transfers are being recommended “for better administration of justice”.
• Other judges recommended for transfer include those who opted out of controversial hearings.
• The decision was taken by the Collegium consisting of Chief Justice of India DY Chandrachud and four other justices.

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