Justice Sunil Hali shifted to Allahabad High Court on ‘complaint basis’

IB report questions “extraordinary friendship” with Srinagar-based advocate

Ahmed Ali Fayyaz

SRINAGAR, Jun 21: In an extraordinary judicial development, judge of Jammu & Kashmir High Court, Mr Justice Sunil Hali, has been transferred and appointed as a judge of Allahabad High Court. He has been directed to assume charge of his new office in Lucknow by or before July 4^th. A notification issued by Government of India is silent with regard to reason but knowledgeable sources insist that Justice Hali’s transfer is the result of a “campaign” against him that includes “negative reporting” from Intelligence Bureau.

Sources in the Department of Justice of the Union Ministry of Law and Justice disclosed to Early Times that in ultimate follow up to a chain of formalities and procedures at the Collegium of Supreme Court of India besides offices of Chief Justice of India and President of India, notification of Justice Sunil Hali’s transfer was finally issued on June 20^th. According to the notification dated June 20^th and issued by Joint Secretary to Government of India, Satish C Srivastava, a copy of which is available with Early Times, Mr Justice Hali has been transferred from J&K High Court and appointed as a judge in Allahabad High Court.

The notification reads: “ In exercise of the powers conferred by clause (1) of Article 222 of the Constitution of India, read with Article 222 (1A) of the Constitution (Application to Jammu & Kashmir) Order, 1954, the President of India, after consultation with the Governor of Jammu & Kashmir and the Chief Justice of India, is pleased to transfer Sh Justice Sunil Hali, judge of the Jammu & Kashmir High Court, as a judge of the Allahabad High Court and to direct him to assume charge of his office in the Allahabad High Court on or before 4^th of July 2011”.

Knowledgeable judicial sources described Justice Hali’s transfer as “extremely surprising” in view of the fact that it had come at a time when the number of judges in J&K High Court had reduced to just nine against the sanctioned strength of 14. With Justice Hali’s transfer, without replacement, there are now total of eight judges in J&K High Court. They include Chief Justice. Born on 22-02-1951, Justice Hali is due to reach superannuation in February 2013. Normally, judges left with less than two years of service are not shifted from their places of posting, particularly when posted in their home states.

Sources insisted that Justice Hali’s transfer was the culmination of a “virulent campaign” against him that had started even before he was picked up from Bar and appointed as an Additional Judge in J&K High Court on 15-03-2008. He was subsequently elevated and appointed as a Permanent Judge of J&K High Court on 05-03-2010. According to sources, strong lobbies in executive and judiciary had opposed his appointment and heaps of complaints and negative reports stalled the process for over one year even after his name was recommended by the Collegium in J&K High Court.

Sources revealed that the complaints submitted to Government of India, President of India and Chief Justice of Supreme Court of India, besides union Ministry of Law and Justice, included Justice Hali’s “extraordinary liaison” with a senior Srinagar-based advocate and a top functionary of High Court Bar Association who has been a stanch advocate of Kashmir’s separation from India. Some of the complaints purportedly pointed out that a separatist activist’s relative, whose maximum practice has been in Jammu wing of J&K High Court, had obtained more than 80 percent of desired orders in favour of his clients from the court of Mr Justice Hali.

Justice Hali and his supporters had vehemently contradicted all of such allegations in a host of representations to Chief Justice, President of India and other institutions. Hali was strongly favoured by High Court Bar Association (HCBA) Srinagar as well as Bar Association Jammu (BAJ). BAJ had not only passed a resolution, favouring Justice Hali’s continuation in the home state till his retirement, but also deputed a delegation to New Delhi earlier this year. The delegation, headed by President BAJ, Adv B S Salathia, had among others met union Minister of Law and Justice, Veerapa Moily, and union Minister of Health and former J&K Chief Minister, Ghulam Nabi Azad, with representations in Justice Hali’s favour.

The BAJ delegation had also met senior member of the Collegium of Supreme Court of India, Justice Altamash Kabir and another judge of Supreme Court of India, Justice Aftab Alam, who had previously functioned as Chief Justice of J&K High Court.

Different minority organizations and civil society organs had favoured Hali with a strong signature campaign that carried thousands of signatures, hailing Hali’s integrity and contribution to Bar as well as judiciary. They had also pointed out that Hali was the only member from the minority Kashmiri Pandit community in J&K High Court.

According to sources, Collegium of Supreme Court of India approved and recommended Justice Hali’s transfer from J&K when Chief Justice of India, Mr Justice S H Kapadia, referred the complaints for verification to IB. The IB, according to sources, reported that there was “substance” in the complaints. Recommendations of the Collegium are normally binding on the government. After consultation with J&K Governor, N N Vohra, President of India ordered Justice Hali’s transfer and the notification was subsequently issued by Ministry of Law and Justice yesterday.

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