Shruti Suman
A Gujarat High Court judge who declined to halt the conviction of Congress MP Rahul Gandhi in a criminal defamation case related to his ‘Modi surname’ comment is among 23 judges recommended for transfer by the Supreme Court Collegium. Justice Hemant M Prachchhak, in a 123-page verdict issued in July, turned down Rahul Gandhi’s plea, stating that there was insufficient reason to stay the conviction. The Collegium has suggested these transfers “to enhance the administration of justice,” as per a document published on the Supreme Court website last night.
Previously, Justice Prachchhak had been a part of the legal team representing former BJP minister Maya Kodnani, who was accused in the 2002 Gujarat riots case. Justice Prachchhak reportedly began his career as a lawyer in the Gujarat High Court and later served as an assistant pleader for the Gujarat government under then Chief Minister Narendra Modi. In 2015, a year after Narendra Modi became Prime Minister, he was appointed as the Union government’s standing counsel for the High Court of Gujarat, a position he held until 2019. In 2021, he was appointed as judge in the Gujarat High Court.
In addition to Justice Prachchhak, the Collegium has also recommended the transfer of Justice Samir Dave, who recused himself from hearing Teesta Setalvad’s request to quash an FIR against her for alleged evidence fabrication in the 2002 Godhra riots case, and Justice Gita Gopi, who withdrew from a hearing on Rahul Gandhi’s plea to suspend his conviction.
Justice Samir Dave recently faced controversy for referencing the “Manusmriti” while considering a minor rape survivor’s request for permission to terminate her pregnancy. He made the statement: “Ask your mother or great-grandmother. 14-15 was the maximum age (for marriage), and girls used to give birth to their first child before turning 17. And girls get mature before boys… Though you may not read, but you should read Manusmriti once.”
The list of nine names from the collegium resolution of August 3 includes four judges from the Punjab and Haryana High Court and one from the Allahabad High Court. The decision was made by the Collegium, which comprises Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant, during a meeting held on August 3. An additional 14 names were recommended in the meeting held on August 10.
