Gujarat HC judge who refused to pause Rahul Gandhi's conviction in 'Modi surname' case on mega transfer list
Supreme Court Collegium recommends transfer of Gujarat High Court judge who ruled against Rahul Gandhi's conviction, alongside other judges.
FollowA 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 part of a group of 23 judges proposed for transfer by the Supreme Court Collegium. Justice Hemant M Prachchhak's 123-page verdict in July dismissed Rahul Gandhi's plea, stating insufficient grounds for suspending the conviction. The transfers, aimed at enhancing judicial administration, were detailed in a document uploaded to the Supreme Court website.
Justice Prachchhak, previously a member of the legal team defending former BJP minister Maya Kodnani in the 2002 Gujarat riots case, has a background as a lawyer in the Gujarat High Court. He also served as assistant pleader for the Gujarat government during Chief Minister Narendra Modi's tenure. His role as Union government's standing counsel for the High Court of Gujarat lasted from 2015 to 2019. He assumed the position of a judge in the Gujarat High Court in 2021.
Another recommended transfer is Justice Samir Dave, who recused himself from hearing Teesta Setalvad's plea to quash an FIR in the 2002 Godhra riots case. Additionally, Justice Gita Gopi, who withdrew from adjudicating Rahul Gandhi's request to suspend his conviction, is also slated for transfer.
Justice Samir Dave had recently sparked controversy by referencing the "Manusmriti" during a hearing involving a minor rape survivor's request for pregnancy termination. His remarks stirred debate when he said, "Ask your mother or great-grandmother. Fourteen-fifteen 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," during the proceedings.
The list of recommended transfers includes four judges from the Punjab and Haryana High Court and one from the Allahabad High Court. The resolution, approved by the Collegium comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant in their meeting on August 3, featured nine names. An additional 14 names were proposed in the subsequent meeting on August 10.
