Malayali judge's transfer: Central intervention and collegium's u-turn spark controversy

NEW DELHI: The transfer of Malayali judge Atul Sreedharan from the Madhya Pradesh High Court has become controversial after the central government’s intervention and the Supreme Court collegium’s reconsideration. The Centre reportedly halted the collegium’s recommendation to move the senior judge to the Chhattisgarh High Court, leading to allegations that he lost his opportunity to be appointed Chief Justice.

Justice Atul is currently the second in seniority at the Madhya Pradesh High Court. If he had joined Chhattisgarh, he would have been next in line after the Chief Justice and could have become Chief Justice before his retirement in May 2028. The Collegium has now recommended his transfer to the Allahabad High Court, but there he will rank seventh in seniority.

The main allegation is that this decision was influenced by a political vendetta after his order against a BJP minister. The controversy began when Madhya Pradesh Tribal Welfare Minister Vijay Shah made a remark alleging that Colonel Sofiya Qureshi, known for revealing details of “Operation Sindoor,” was the sister of terrorists. Justice Atul Sreedharan had directed police to register an FIR against the minister. The Supreme Court had earlier praised the bench comprising Justices Atul Sreedharan and Anuradha Shukla for their handling of the case.

The Collegium had recommended Atul’s transfer to Chhattisgarh in August. The Centre asked for a review of that decision, and later the Collegium issued a fresh recommendation to move him to Allahabad—a decision now published on the Supreme Court’s official website.

Reasons behind the controversy:

1. While serving as a judge in the Jammu and Kashmir High Court, Atul Sreedharan had quashed several cases involving people held under preventive detention.
2. The Centre reportedly felt his posting to Chhattisgarh, where many Maoist-related cases are pending, could create setbacks.

From Kannur

Justice Atul Sreedharan hails from Kannur, Kerala. He began his law practice in 1992 under senior advocate Gopal Subramanium in Delhi. In 2001, he shifted his practice to Indore. He was appointed as a judge of the Madhya Pradesh High Court in April 2016.