New Delhi: Justice Sanjib Banerjee has defended his April 2021 remarks where he said "murder charges" should be slapped against authorities of the Election Commission for violating norms, the Indian Express reported.

"A judge should certainly be restrained. However, the Election Commission is an institution which has a great responsibility. So, if it is seen tilting, one way or the other, by even a very small degree, it can have great consequences for democracy," Justice Banerjee, who recently retired as Chief Justice of Meghalaya, told the newspaper.

As the Chief Justice of Madras high court in April 2021, he hit out sharply at the authorities of the poll body for violating COVID-19 protocols during the Tamil Nadu Assembly elections. Taking exception to his remarks, the poll body then moved the Supreme Court, but the court refused to expunge his remarks. The EC had termed his remarks "uncalled for, blatantly disparaging and derogatory".

Also read: Election Commission Should Be Charged With Murder for Allowing Rallies: Madras HC

During his 10-month stint at the Madras high court, Justice Banjeree had been in the news quite a few times, ruffling the feathers of many. His transfer to Meghalaya high court in November 2021 was described by many as a "punishment posting", for such a transfer from a relatively bigger higher court to a smaller one was seen as unusual. After about two years, he retired as Chief Justice of Meghalaya high court on November 1.

Looking back at his remarks that supposedly led to his transfer in November 2021, Justice Banerjee said, "The case was being heard (in Madras HC) for a while and I felt there were some aberrations which is why those observations were made. Crowding in rallies and not following Covid protocol was certainly a concern and when the elections in West Bengal were held in eight phases, why was it held in a single phase in Tamil Nadu? You have to look at it in that context and not pick just two sentences."

He also went on to say, "Also, one cannot say that the court can’t make any observations. Lawyers cannot be expected to argue with a wall. They have to get indications from the bench so they can tailor their case accordingly."

Justice Banerjee said he is not concerned about what led to his transfer to Meghalaya high court. "I am sure there were cogent reasons for my transfer but I am not aware of it. I received an email (from then CJI N.V. Ramana’s office) and I said yes. Once you become a judge, you cannot have any ambitions of holding a particular office. So there was no question of me not consenting to the transfer."

His transfer was notified on November 9, 2021, by the Supreme Court Collegium, which said that a decision to that effect was taken on September 16, 2021.

With no reason cited for his transfer by the Collegium, Justice said that the email he received from the CJI office only indicated that his transfer would be in the "interest of better administration of justice".

Justice Banerjee says he is least concerned about the reasons that led to his transfer. "But I would not have had it any other way. The work that happened in Meghalaya during my stint was very important. In my 11 months in Madras, I had very rewarding judicial work. But in Meghalaya, there wasn’t a lot of judicial work but we focused on infrastructure building."

Speaking of his stint at the Madras high court, he says that he never wanted to be a status quoist. "While the idea is that a Chief Justice who comes from outside takes a dispassionate view when it comes to appointments or other aspects, there is a flip side that they could end up being status quo-ists without wanting to ruffle too many feathers. By and large, the office of Chief Justice is considered a stepping stone for Supreme Court judgeship. It is to be somewhere but look elsewhere and not take steps to actively address the uncle-judge syndrome when it comes to appointments."

Justice Banerjee, who had been in the system for two decades, says that corruption in the higher judiciary worries him. "Punitive transfers are not enough. Corruption is an unimpeachable offence but it is difficult to gather evidence. These activities are not done in broad daylight but it is possible to collect some evidence of corruption. However, impeachment is a political solution. A compromised judge is convenient for all political parties. This is an aspect which erodes faith in the system and needs to be tackled."

Justice Banerjee enrolled as an advocate in November 1990 and began practicing principally in the Calcutta high court as well as the Supreme Court. He was elevated to the Bench as a judge in June 2006 and took over as chief justice of the Madras high court on January 4, 2021, before he was transferred to Meghalaya high court.

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