1) Some years ago, newspapers reported a brawl, a fisty-fight between the two sitting judges of High Court.
Without giving them opportunity of hearing, Supreme Court transferred both of them to different remote States.
One judge accepted transfer. Another judge resigned.
Point 1 : Transferring a HC judge by way of punishment is a power of Supreme Court. This power can also be used when relatives of that judge are misusing their relationship with judge and are getting undue favourable orders from other judges.
2) Few years ago, serious allegations of sexual harassments of a lady advocate were made against three sitting judges of a High Court.
Supreme Court constituted an inquiry committee of Three Chief Justices of other High Courts.
No one came forward to give evidence. There was no other documentary evidence with committee. The lady advocate gave no evidence. The inquiry was closed.
Point 2 : Supreme Court has power to appoint a committee to inquire into allegations against any sitting judge of any High Court. But such committee is powerless if no one comes to give evidence.
3) During pendency of such inquiry, the Chief Justice of that High Court can give order that No work will be given to this judge till inquiry is over.
So here, the judge can come to high court. He can sit in chamber. He can draw his salary. But no work will be given to him. He will not be given any case to judge. This will be humiliating to him. In ancient time, such punishments were known as Pillory Punishment ( Silent Condemnation in public glare.)
Point 3 : Supreme Court has power to ensure that no work is given to that judge till inquiry is over.
4) If the High Court Judge is on probation of 2 years as Additional Judge, he will not be further confirmed. His service will come to an end at this period.
Point :4 Supreme Court can punish him by not making him permanent judge.
5) If allegations are against a Chief Justice of High Court or against a Senior Judge, he loses chance to be elevated to Supreme Court.
Point 5 : Supreme Court can stop elevation of such Chief Justice to Supreme Court...and if he is a senior judge, Supreme Court can deny him promotion as Chief Justice.
6) If found guilty in inquiry, Supreme Court can recommend that Parliament may intimate proceedings for impeachment through parliament.
Point 6: Supreme Court has power to recommend to Parliament for impeachment of such judge. The judge is removed if Parliament accepts report.
Haresh Raichura
5/8/2014