What outgoing Madras HC chief justice said in parting message

Outgoing chief justice of the Madras High Court Sanjib Banerjee on Wednesday expressed his regret that he could not completely demolish the feudal culture in which his staff were serving.

He made the statement in a parting message to his staff as he left Chennai for Meghalaya, where he had been transferred.

Sanjib Banerjee had been recently transferred by the Supreme Court collegium to the Meghalaya High Court, a move considered to be a punitive posting. Sanjib left Chennai for Meghalaya on Wednesday morning by road. As he left, he declined to attend any farewell event. But he wrote a two-page letter addressed to the Madras High Court staff.

Addressing the staff as “My dear family at the Madras High Court,” in his letter, Sanjib left a strong message to his companion justices, bar members, court staff and the people of the state. First to his colleagues on the bench, he wrote, “I apologise, first, for being unable to last the distance and second, for not saying goodbye to you in person. Finally, to the few of you who may have felt offended by any of my actions… Please know that they were never personal. I perceived those actions as necessary for the institution.”

And next addressing “members of the Madras Bar,” he said that they are the best in the country. “You are among the best in the country and have suffered a talkative and sometimes grumpy old judge with more patience, respect and understanding than I may have deserved. My sincere gratitude to you for all your kind words,” Sanjib said.

And then writing to the High Court Registry, he said “your efficiency made administration easy. I acknowledge the sincerity you staff had shown to improve and better the systems and processes. Please continue your endeavour to bring about transparency and accountability.” He also apologised to all the court staff for the long hours that they had worked for him and appreciated their cooperation. “My regret is that I could not completely demolish the feudal culture in which you serve,” he conceded.

Finally, in his words to the people of Tamil Nadu, the outgoing chief justice said that he would remain forever indebted to everyone in this beautiful and glorious state, which he had the privilege of calling his own for the last 11 months and said that he was leaving with the happiest memories.

Sanjib Banerjee’s transfer had been debated in legal circles for the past one week. Apparently, on Sunday, days after the collegium recommended transfer of the chief justice, the Madras Bar Association called for an emergency session to discuss the sudden transfer of the chief justice to the Meghalaya High Court. The association later passed a resolution, saying it was deeply concerned about the transfers of Justice T.S. Sivagnanam and Chief Justice Sanjib Banerjee and said it was perceived to be in violation of the Memorandum of Procedure for transfer.

“Such transfers are perceived to be punitive and does not augur well for the independence of the judiciary,” read the resolution. Earlier, on November 11, around 237 advocates of the Madras High Court signed a representation to Chief Justice of India N.V. Ramana and the Supreme Court collegium seeking reconsideration of the decision to transfer Sanjib Banerjee. The letter called the transfer as a “punitive measure against a honest and a fearless judge”. The representation ran into 12 pages and included the signatures of senior advocates like R. Vaigai, N.G.R. Prasad and Sudha Ramalingam.

Earlier, in September 2019, an earlier chief justice of Madras High Court, Vijaya K. Tahilramani, was transferred to the Meghalaya High Court and she resigned as a mark of protest. Tahilramani’s plea to reconsider the matter of her transfer to the Meghalaya High Court was rejected and subsequently she resigned. Her resignation was accepted by the president on September 20, 2019.

Sanjib Banerjee assumed office as the chief justice of the Madras High Court only on January 4. He is due to retire only in November 2023.