Ashok Pande, an advocate from Lucknow High Court has filed a Writ petition in the lucknow bench of Allahabad High Court where direction has been sought through the President, Prime Minister and Law minister for returning back the proposal sent by the Chief justice of India thru which Justice S R Alam, Chief Justice of MP High Court is sought to be transferred in same capacity in Allahabad High Court.
The contention of petitioner Ashok Pande is that transfer of justice Alam is in clear violation of the policies of the appointment of Chief justice of High Court. during the last 25 years, the policy has been that no judge is appointed as Chief justice of High Court in which functioned for long time. the petitioner submits that after being appointed in Patna HC in 1994, Justice Alam was transferred to Allahabad HC in 20 days and functioned as judge of this HC for 15 years and only in 2009 went to MP High Court as its Chief Justice. Thus, his being brought back here is against the policy being adopted so far.
Through the Writ Petition, Pandey has also raised the issue of tenure of the Chief justices of Supreme Court and High Courts saying that while in more than 200 years of American history, there were only 16 Chief justices, in India so far 38 Chief Justice have come to the Supreme court. This hampers the delivery of justice in a proper way and thus there is a need for stability of tenure.
