Senior Advocate Vikas Pahwa Urges CJI to Reconsider Transfer of Delhi HC Judges Arun Monga and Tara Vitasta Ganju

Senior Advocate Vikas Pahwa urged CJI B.R. Gavai to reconsider the proposed transfer of Justices Arun Monga and Tara Vitasta Ganju, citing loss of judicial continuity;

Update: 2025-08-28 10:55 GMT

Senior Advocate Vikas Pahwa has written to Chief Justice of India (CJI) Bhushan Ramkrishna Gavai requesting reconsideration of the proposed transfer of two recently appointed judges of the Delhi High Court, Justice Arun Monga and Justice Tara Vitasta Ganju.

The letter, dated August 27, 2025, highlights concerns about the impact of their transfer on judicial continuity, litigant confidence, and institutional morale.

According to reports, the Supreme Court Collegium has recommended the transfer of Justice Arun Monga to the Rajasthan High Court and Justice Tara Vitasta Ganju to the Karnataka High Court. Both judges joined the Delhi High Court bench earlier this year and, in a short span, have reportedly earned the respect of the Bar and litigants for their judicial approach.

In his letter, Pahwa emphasized that Justice Monga’s presence has had an immediate and positive effect on the functioning of the criminal roster at the Delhi High Court. Since his elevation on July 21, 2025, Justice Monga is said to have developed a reputation for his deep knowledge of criminal law, commitment to upholding liberty, and efficient disposal of bail applications. His approach, the letter stated, has reduced pendency and brought “a breath of fresh air” for the criminal Bar, besides instilling faith among litigants who benefit from timely access to justice.

“His transfer at this stage would be a significant loss,” Pahwa wrote, adding that the Delhi High Court requires judges like Justice Monga to strengthen the criminal justice system.

The letter also praised Justice Tara Vitasta Ganju for her fairness, integrity, and strong command over civil jurisprudence and procedural law. Pahwa noted that she has earned respect for her balanced and patient approach, which inspires confidence among lawyers and litigants alike.

What has caused greater concern, according to the senior advocate, is that “unverified reports, wholly unrelated to the official duties or judicial work” of the two judges, may have influenced the transfer decision. While acknowledging that judicial transfers fall within the administrative discretion of the Collegium, the letter cautioned that such decisions, if not rooted in performance-based considerations, risk unsettling judicial independence and affecting the morale of the institution.

“Judicial independence and continuity must not only be preserved but must also be seen to be preserved in the eyes of the public and the Bar,” the letter stated.

Pahwa underscored that Justice Monga, in particular, has already earned the confidence of the legal fraternity through his reasoned, liberty-oriented approach and efficient case management. Retaining him in Delhi, he argued, would strengthen both judicial stability and public perception of fairness. Likewise, retaining Justice Ganju would reinforce trust in the civil side of the roster and ensure continuity for litigants.

The letter concluded with an appeal to Chief Justice Gavai to reconsider the proposed transfers “in the larger interest of justice, litigant confidence, and judicial continuity.”

The Collegium’s recommendations are yet to be officially notified by the Union Government. If the transfers go through, Delhi High Court will lose two of its recently inducted judges within weeks of their tenure beginning.

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