True Story on Indian Judges - Part 2

 True Story on Indian Judges - Part 2

Collegium of Indian Supreme Court has decided on 26 May 2025 about transfer of Hon'ble J. Suman Shyam from Gauhati to Bombay. This Collegium was led by Hon'ble J. B.R. Gavai. Former CJI Sanjiv Khanna retired on 13 May 2025 and after that this decision to transfer Hon'ble J. Suman Shyam was taken. In Gauhati HC, the current CJ Hon. CJ Vishnoi is going to Supreme Court ; Hon'ble J. L. Jamir was 2nd rank in seniority ; then Hon'ble J. MR Pathak and then Hon'ble J. Zothankhuma. Hon. J. Suman Shyam is just after that. Now, Hon. J. Jamir is also going to Calcutta HC. 

Hon. Pathak's term is there till August 2027 and Hon'ble Zothankhuma's term is till October 2027. 

Suman Shyam became a Judge on 7 Jan 2015. His date of retirement is June 2031. He is and was an asset for Gauhati HC because of his clear orders and deep understanding of law. The controversy stoked by some members of GHCBA with respect to new Gauhati HC building was useless. The manner of conduct of Court of Suman Shyam is very transparent and fair. His own profile shows his deep interest in research ; he was Secretary of ILI, Assam Chapter from September 2010 till his elevation. He became a Judge at an age of less than 47 years. 

The position in Bombay HC is different ; in Gauhati HC, Suman Shyam would have been at No. 4 [CJ + MRP + Zothankhuma (Actually, date of Appointment of Hon. Zothankhuma is same as than of Suman Shyam)] but in Bombay HC, there are 9 Judges including CJ who will be senior to Hon'ble J. Suman Shyam. 

Suman Shyam's expertise as a Judge was on civil procedure, service matters and writ jurisdiction. He knew the decisions by heart. He has handled many criminal appeals as a Judge. There was once Hon'ble CJ (Retired) Dr. B.P. Saraf who was from Gauhati HC and then transferred to Bombay HC in 1991 and then went to J&K High Court and retired as CJ from that HC ; Dr. B.P. Saraf remained in Bombay HC for more than 8 years. We hope that Hon'ble J. Suman Shyam comes back to Gauhati HC as CJ in 2027 or goes to Supreme Court. While Hon'ble J. SK Medhi is equally good on service law and Hon'ble J. UK Nair had a good practise of service law, Gauhati HC will miss Suman Shyam's clarity. On civil procedure, Hon'ble J. Devashis Baruah has been writing some extremely good Judgments, but Gauhati HC needed some more Judges like Suman Shyam who have great clarity on civil procedure ; before that, there was Hon'ble J. Prasanta Kumar Deka who had good practise of civil suits and civil appeals and he became Judge in 2016 and retired in 2021 and he also had good understanding of civil procedure. Gauhati HC had some Judges who had great grasp over deciding criminal appeals [not talking about bail applications or anticipatory bail roster] but criminal appeals; Suman Shyam has written several important Judgments on criminal law while deciding criminal appeals. With appointment of Shamima Jahan as new Gauhati HC Judge [directly from the Bar], the dearth of Judges who know criminal law might not be there since Hon'ble J. Shamima Jahan has been PP for a long time. 

So, while 3 Judges are going out of Gauhati, 2 are coming to Gauhati [Hon'ble J. Shamima Jahan's appointment notification has been issued on 26 May 2025].  Hon'ble J. Ashutosh Kumar [from Patna HC] is coming as CJ of Gauhati HC ; he has been to Delhi HC as well. 

This is clear loss for Gauhati HC because a well reasoned and impartial Judge like Suman Shyam is leaving Gauhati HC. 

In the past, Hon'ble J. Dhulia was CJ of Gauhati HC and went to Supreme Court. Then came Hon'ble J. R.M. Chhaya who retired as CJ of Gauhati HC. Then came Hon'ble J. Sandeep Mehta as CJ of Gauhati HC who also went to Supreme Court. Hon'ble J. Vishnoi also came as CJ of Gauhati HC and now would go to Supreme Court. Even prior to that, Hon'ble J. AS Bopanna came as CJ of Gauhati HC and came to Supreme Court. Hon'ble J. A.M. Sapre came as CJ of Gauhati HC and went to Supreme Court. 

So, from 2010 onwards there has been Chief Justice of Gauhati HC who has practised in Gauhati HC ; all of them came from other HCs. Even Former CJI Ranjan Gogoi was from Gauhati HC but he did not became CJ of Gauhati HC. 

Hon'ble J. Ashutosh who will be CJ of Gauhati HC has his term till 30 September 2028. The current CJ of Gauhati HC Shri Vishnoi spent 1 year 3 months as CJ of Gauhati HC and now going to SC. Hon'ble J. Sandeep Mehta spent less than 1 year in Gauhati HC as CJ and went to Supreme Court. Hon'ble J. Dhulia spent around 1.5 years in Gauhati HC as CJ and then went to Supreme Court. So, it can be expected that Hon'ble J. Ashutosh might also go to SC from Gauhati HC given that he has a term of more than 3 years at HC. The arrival of Hon'ble J. Ashutosh is a good sign given that he is very transparent and fast in decision-making.