The Gujarat High Court Advocates’ Association (GHCAA) has a long history of championing judicial independence, often taking bold stances against both the judiciary and the government.
GUJARAT: In the traditionally harmonious relationship between the Bar and the Bench, the Gujarat High Court Advocates’ Association (GHCAA) has consistently stood out as a body unafraid to challenge the judiciary and the government alike. The GHCAA’s actions have not only highlighted its independent stance but also set a precedent in fiercely defending judicial independence and the rule of law, even when it meant standing in opposition to the judiciary itself.
The Association’s latest resolution seeking the transfer of Chief Justice Sunita Agarwal is not an isolated instance but rather a continuation of its long-standing history of defiance and advocacy. The GHCAA has time and again proved its mettle in standing up not just for the rights of advocates, but also for judges and larger societal concerns.
Advocating for Judicial Independence
The GHCAA’s involvement in judicial matters has been particularly notable in instances where it perceived an infringement on judicial independence or the dignity of the Bench. One such significant event occurred in July 2019, when the Association moved the Supreme Court of India under Article 32 of the Constitution, objecting to the Central government’s delay in appointing Justice Akil Kureshi as the Chief Justice of the Madhya Pradesh High Court.
Justice Akil Kureshi, a distinguished judge of the Gujarat High Court, was recommended by the Collegium for appointment as the Chief Justice of the Madhya Pradesh High Court on May 10, 2019. However, the Central government, without providing any specific justification, delayed the appointment. Observing this as a direct infringement upon judicial independence, the GHCAA decided to file a petition before the Supreme Court, seeking a direction to the Central government to implement the Collegium’s resolution.
Recognizing the gravity of the matter, the GHCAA enlisted the assistance of eminent Senior Advocate Fali S Nariman to represent them before the Supreme Court. Although the Supreme Court did not pass a favorable order, and the Collegium subsequently altered its recommendation by transferring Justice Kureshi to the Tripura High Court, the GHCAA’s act of defiance made a clear and powerful statement — it would not stand silent in the face of perceived executive overreach.
Protesting Transfers and Defending Judges
The GHCAA’s commitment to judicial integrity did not stop there. In November 2022, the Association found itself in a similar situation when Justices Nikhil Kariel and Vipul Pancholi of the Gujarat High Court were recommended for transfer to the Patna High Court. The Collegium’s decision sparked widespread unrest among the legal fraternity, and the GHCAA once again rose to the occasion.
A seven-member delegation from the Association personally met with then Chief Justice of India, DY Chandrachud, urging a reconsideration of the transfer. Additionally, the GHCAA called for an indefinite strike to protest the proposed transfer of Justice Kariel, whom the Association considered a judge of impeccable integrity and competence.
The Association’s protest and subsequent involvement in defending the judiciary highlighted its willingness to cross conventional boundaries in protecting the sanctity of the Bench. Despite knowing that its position could alienate it from the judiciary, the GHCAA persisted in its advocacy for what it perceived as just and fair treatment of judicial officers.
Defending Justice Jayant Patel
The GHCAA’s legacy of standing up for judges dates back even further. In 2017, the Association once again took an assertive stand when Justice Jayant Patel, a Gujarat High Court judge serving in the Karnataka High Court, tendered his resignation after being recommended for transfer to the Allahabad High Court. Justice Patel, who was in line to become the Chief Justice of the Karnataka High Court, chose to resign rather than accept the transfer, which he considered a blow to his judicial career.
The GHCAA, without hesitation, came to Justice Patel’s defense. It launched a widespread movement questioning the Collegium’s decision and sought transparency in the transfer process. The Association wrote three separate letters — one each to the Registrars General of the Supreme Court, the Karnataka High Court, and the Allahabad High Court — requesting the disclosure of the Collegium’s notes and the consultation process undertaken before finalizing the transfer. The GHCAA specifically sought to know whether Justice Patel was consulted, as per standard judicial norms, given that it was his second inter-state transfer.
Though the Association’s demand for transparency was not met, it once again demonstrated its unflinching commitment to preserving the dignity of the Bench and ensuring that judicial transfers did not undermine the careers or stature of capable judges.
Challenging the Bench: The Current Controversy
While the GHCAA has often found itself defending judicial officers, it has also been unafraid to take a stand against the judiciary when necessary. The latest instance of this is the resolution passed by the GHCAA seeking the transfer of Chief Justice Sunita Agarwal. The circumstances surrounding this resolution are rooted in disagreements over judicial functioning and alleged administrative high-handedness.
The Association’s demand for the transfer of the Chief Justice highlights its principle of holding the judiciary accountable while simultaneously safeguarding its independence. This balance between defending and challenging the Bench is a testament to the GHCAA’s commitment to the larger cause of justice and accountability.
A Legacy of Courage and Advocacy
The Gujarat High Court Advocates’ Association has undoubtedly carved a unique space in the history of the Indian legal fraternity. Its unwavering resolve to defend judicial independence, coupled with its willingness to challenge judicial excesses, reflects a rare and commendable blend of courage and advocacy.
In an environment where most Bar associations are often reluctant to take a stance unless it directly impacts the legal community, the GHCAA has consistently stepped up — whether it was in defense of a transferred judge, against executive interference, or in demanding accountability from the judiciary itself. The Association’s bold and independent approach has not only upheld the essence of justice but has also set a powerful precedent for Bar associations across the country.
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Echoing the Past
The GHCAA’s tradition of advocacy dates back several decades. In 1983, the Association vehemently opposed the transfer of the Late Justice PD Desai from the Gujarat High Court to the Himachal Pradesh High Court. The protest, which spanned over two months, was marked by an indefinite strike by the legal fraternity. This act of defiance, reported by the Deccan Herald, demonstrated the Association’s deep-seated commitment to judicial independence.
Even earlier, during the emergency imposed by the Central government in 1975, the Gujarat High Court bar was one of the first to publicly resist the authoritarian regime. Senior Advocate Sanjoy Ghose noted in a tweet that the GHCAA’s proactive resistance during the emergency showcased its strong commitment to democratic principles and judicial autonomy.
A Legacy of Courage and Advocacy
The Gujarat High Court Advocates’ Association has undoubtedly carved a unique space in the history of the Indian legal fraternity. Its unwavering resolve to defend judicial independence, coupled with its willingness to challenge judicial excesses, reflects a rare and commendable blend of courage and advocacy.
In an environment where most Bar associations are often reluctant to take a stance unless it directly impacts the legal community, the GHCAA has consistently stepped up — whether it was in defense of a transferred judge, against executive interference, or in demanding accountability from the judiciary itself. The Association’s bold and independent approach has not only upheld the essence of justice but has also set a powerful precedent for Bar associations across the country.
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