justice nisha banu
Justice Nisha Banu is a very senior judge of the Madras High Court, and a member of its Collegium (the body consisting of the Chief Justice and 2 seniormost Judges of the High Court, which recommends the names of persons for appointment as Judges of the High Court ).
Recently she has been transferred to the Kerala High Court, where she will be at number 9 or so in seniority. This transfer was done by the President of India on the recommendation of the Supreme Court Collegium, which for High Courts consists of the Chief Justice of India and the 2 seniormost Judges of the Supreme Court.
I respectfully submit that this transfer will, unless revoked, set a very dangerous precedent, and destroy the independence of High Court Judges in India.
I was the Chief Justice of the Madras High Court in 2004-2005. Nisha Banu was then a lawyer practising in the Madurai Bench of the High Court. She would often appear before me, and I found her to be a very competent lawyer, with good knowledge of the law, and had a good reputation.
Later, although I left the Madras High Court (to become the Chief Justice of Delhi High Court, and then a judge of the Supreme Court), I kept in touch with the happenings in that Court (through Judges and Lawyers whom I knew). Nisha had become a Madras High Court Judge in 2016, and I only heard good things about her functioning as a Judge, and nothing adverse.
I was in Tamilnadu for 10 days recently, from 8th to 18th November 2025 (from 8th to 14th in Chennai, and from 14th to 18th in Madurai). During this period, I interacted with a large number of lawyers in Chennai and Madurai. Not a single lawyer I met had any complaint against her, rather they all spoke highly of her. If a judge is doing something wrong, usually the lawyers of that Court are the first to know.
I also spoke telephonically to Nisha Banu, and asked her whether before recommending her transfer the Supreme Court Collegium communicated to her any adverse material or complaint against her, and asked her for her response. She answered in the negative, and said her transfer came as a shock and a bolt from the blue to her. She was never asked for her response to any material on the basis of which the Supreme Court Collegium recommended her transfer to Kerala.
With respect, in my opinion, what the Supreme Court Collegium did was very wrong. Even a person accused of murder is given a hearing, and a chance to defend himself. Are High Court Judges worse than murderers, to be denied a hearing before being condemned?
Theoretically a transfer is regarded as not a punishment. But in reality it is a terrible punishment, as it casts a life long stigma on a person, and even on his/her whole family.
In the Bhagavad Gita it is said (in Chapter 2 shloka 34) :
” Sambhaavitasya cha akeerti maranaad atirichyate. “
i.e.
” For a self respecting man, death is preferable to dishonour “
So, such a transfer is really worse than a death sentence.
Unless this transfer is revoked, no High Court Judge will ever be able to function freely, as a damocles sword will constantly be hanging over him/her.
Every person has friends and enemies. A judge will have more enemies, as every judgement he delivers potentially creates one more enemy (the party who loses). Any enemy can send some false complaint against the Judge, but without even giving the Judge an opportunity of presenting his / her version, should such complaint be accepted as gospel truth and be acted upon ?
I respectfully urge the Honble CJI and members of the Supreme Court Collegium to consider the above, and review their decision to recommend transfer of Justice Nisha Banu. They should write to the President of India to put the order of transfer on hold, and send to Justice Nisha Banu any material they received against her on the basis of which they recommended her transfer, and ask for her response and her version. If after going through her response, and making such enquiries as they think necessary, they find her explanation correct, they should recall their earlier recommendation, and communicate it to the President of India and request her to revoke the transfer.
In future, the Supreme Court Collegium should not recommend a transfer of a High Court Judge without following the procedure I have suggested above, otherwise it will greatly damage the morale of High Court judges, and destroy their freedom
