Justice Markandey Katju has strongly criticised the transfer of Justice Nisha Banu, calling it unfair and dangerous for the independence of High Court judges. He urged the Supreme Court Collegium to review the decision and ensure transparency and fairness in judicial transfers.
The recent transfer of Justice Nisha Banu, a very senior judge of the Madras High Court and a member of its Collegium, to the Kerala High Court has triggered serious concern in legal circles.
Justice Banu, who holds a highly respected position and plays a key role in recommending new judges for the High Court, has now been moved to the Kerala High Court where she will rank much lower in seniority, reportedly around ninth position.
This transfer was approved by the President of India based on the recommendation of the Supreme Court Collegium, which consists of the Chief Justice of India and the two senior-most judges of the Supreme Court.
A former Chief Justice of the Madras High Court, who served between 2004 and 2005, has strongly objected to this decision, stating that such a move sets a dangerous precedent and threatens the independence and morale of High Court judges across India.
He recalled that during his tenure, Justice Nisha Banu was practising as a lawyer at the Madurai Bench and frequently appeared before him. He described her as highly competent, knowledgeable in law, and someone who enjoyed a good professional reputation.
After leaving Madras High Court to later head the Delhi High Court and eventually serve as a Supreme Court judge, he continued to follow developments in the Madras High Court through professional contacts.
Since Justice Banu’s elevation as a judge in 2016, he stated that he consistently heard positive feedback about her performance, with no adverse reports whatsoever.
During his recent visit to Tamil Nadu from 8th to 18th November 2025, where he spent time in both Chennai and Madurai, he interacted with numerous advocates.
According to him, none of the lawyers expressed any complaint against Justice Nisha Banu. Instead, they praised her integrity and judicial conduct.
He highlighted that lawyers are usually the first to notice if a judge engages in misconduct, yet no such allegation surfaced.
He also personally spoke to Justice Nisha Banu over the phone and asked whether she had been shown any complaint or adverse material before her transfer was recommended.
Justice Banu confirmed that no such communication had been made and that the decision came as a shock to her. She was never given an opportunity to respond or defend herself.
The former Chief Justice said this process was deeply unfair and compared it to criminal procedure, stating that even individuals accused of serious crimes like murder are given a hearing before action is taken. Denying a High Court judge the right to be heard, he said, is unjust and undermines natural justice.
He also highlighted that although a transfer is said to be administrative and not punitive, in reality it causes severe damage to a judge’s reputation and leaves a permanent stigma affecting not just the judge but their entire family. Referring to the Bhagavad Gita, he quoted:
” Sambhaavitasya cha akeerti maranaad atirichyate. “
” For a self respecting man, death is preferable to dishonour “
He argued that such transfers create an atmosphere of fear where judges may feel constantly threatened, unable to function independently, knowing that any false complaint by disgruntled parties could lead to unwanted transfers without explanation.
He warned that every judge naturally makes enemies due to unfavourable judgments, and if such complaints are blindly accepted without verification or hearing the judge, it sets a very dangerous precedent.
In his appeal, he urged the Chief Justice of India and the Supreme Court Collegium to urgently review their decision. He requested that the transfer be kept on hold and that all material relied upon be shared with Justice Nisha Banu so she can provide her response.
Only after examining her explanation and conducting proper inquiries should any final decision be taken.
If her explanation is found satisfactory, the Collegium should withdraw its recommendation and request the President to cancel the transfer.
He further stressed that in the future, no High Court judge should be transferred without following this fair and transparent procedure, warning that ignoring such safeguards will deeply harm judicial independence and destroy the confidence and freedom of High Court judges across the country.
This case now stands as a crucial moment for judicial accountability, transparency, and the protection of judicial independence in India.
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