'Ill-intention to harass me', says retiring chief justice of Allahabad HC on 2018 transfer

Prayagraj, Uttar Pradesh: In his farewell speech, retiring Allahabad High Court Chief Justice Pritinker Diwaker has alleged that his transfer from Chhattisgarh High Court in 2018 when the collegium was headed by then Chief Justice of India Dipak Misra was done to "harass" him.

Sitting on a ceremonial bench of the high court to mark his retirement on Tuesday, Diwaker said his transfer order "seemed to have been issued with an ill intention" - in remarks unusual for a judge to make on such an occasion.

"On March 31, 2009, I was elevated to the Bench. I discharged my duties as a judge in Chhattisgarh High Court till October 2018 to the satisfaction of one and all, and particularly to the satisfaction of my own inner being.

"Now, a sudden turn of events descended upon me when then Chief Justice of India Dipak Misra showered on me some extra affection for reasons still not known to me which entailed my transfer to Allahabad High Court, where I assumed my office on October 3, 2018," said the Diwaker.

“My transfer order seemed to have been issued with an ill intention to harass me. However, as fortune would have it, the bane turned into a boon for me because I received immeasurable support and cooperation from my companion judges as well as from the members of the Bar,” he added.

Earlier this year, Justice Diwaker's name was recommended for the post of the Chief Justice of Allahabad High Court by the current Collegium led by Chief Justice of India D Y Chandrachud.

Diwaker was appointed as the Acting Chief Justice of Allahabad High Court on February 13, 2023 and took oath as Chief Justice of Allahabad High Court on March 26, 2023, according to the court's official website.

“I am highly thankful to the present Chief Justice D Y Chandrachud, who rectified the injustice done to me," Diwaker said.

In his address, Diwaker also suggested that critics must see shortcomings before reaching any conclusion.

"Furthermore this court was subjected to criticism from various corners in relation to its functioning but I am of the firm belief that before reaching to a particular conclusion, critics must see the shortcomings prevailing in the institution from inside and as far as possible the problem should be vested with remedy," he said.

Justice Diwaker spoke about his career, starting as an advocate in 1984 in the Madhya Pradesh High Court.

Born in 1961, he graduated in law from Durgawati University in Jabalpur and became a senior advocate in January 2005. He was elevated as a judge of the Chhattisgarh High Court on March 31, 2009.

“I never aimed to be a judge, but destiny seems to have steered me in that direction. But I think when you love your profession, time seems to fly, carrying you swiftly towards success," he said.

Justice Diwakar also praised the lawyers practising before the Allahabad High Court bench at Lucknow.

"The quality of lawyers at Lucknow and their behaviour is commendable. Their legal acumen and presentation are as good as lawyers of any other High Court," he said.