The Supreme Court Collegium recommended Justice J Nisha Banu's transfer to the Kerala High Court, and an official notification was issued on 13 October. The judge, however, has not taken charge.
Published Nov 06, 2025 | 5:00 PM ⚊ Updated Nov 06, 2025 | 5:00 PM
Justice J Nisha Banu
Synopsis: The transfer of a Madras High Court judge has become a bone of contention between two groups of advocates in Tamil Nadu, with one side demanding the cancellation of the order, while the other seeking its implementation. Those demanding the cancellation said the transfer would affect the judge’s seniority, while the opposing group said the judge’s act of obeying the transfer amounted to judicial indiscipline.
The transfer of Madras High Court judge Justice J Nisha Banu to Kerala has divided the legal fraternity in Tamil Nadu.
While the All Bar Association of Madurai Bench wrote to President Droupadi Murmu and Chief Justice of India (CJI) BR Gavai against Justice Banu’s transfer, a group of advocates in Chennai shot off another letter demanding that she be immediately relieved of her duties in Madras and sent to the High Court of Kerala.
The letters — revealing the divide in the legal fraternity — have sparked a debate in judicial circles. The incident has also put Justice Banu’s judgements in a few high-profile cases under review.
Justice Banu was elevated to the Madras High Court in October 2016. She had since been serving as the third-most senior judge of the court.
On 25 August this year, the Supreme Court Collegium recommended her transfer to the Kerala High Court, and an official notification was issued on 13 October.
However, reports indicated that she had not taken charge in Kerala, nor attended the Madras High Court since 14 October.
All 12 Bar associations of the Madurai Bench wrote to the President, the CJI, and Union Law and Justice Minister Arjun Ram Meghwal, requesting the cancellation of Justice Banu’s transfer order, or the protection of her seniority.
They expressed concern that she would lose her seniority and drop to the ninth position from third if transferred to the Kerala High Court.
The letter requested that she be allowed to continue at the Madras High Court without affecting her seniority. The associations also suggested an alternative: a transfer to the Andhra Pradesh High Court, where she would be the second-most senior judge.
While lawyers from Madurai backed Justice Banu, another letter signed by 50 Chennai advocates was sent to the President, the CJI, and all judges of the Supreme Court, urging immediate enforcement of her transfer.
The letter, dated 3 November, accused Justice Banu of intentionally delaying her transfer.
“It is serious and unprecedented, as we have witnessed nothing like this in our lifetime. It pertains to the serious judicial misconduct and judicial indiscipline on the part of Honourable Mrs Justice Nisha Banu J of our High Court,” the letter said. South First has a copy of the letter.
The letter also stated she had not taken charge in Kerala, nor discharged judicial duties at the Madras High Court, since 14 October.
It further said that other judges who had been transferred assumed charge at their respective stations.
“It is most unfortunate that this kind of judicial indiscipline and arrogance is on full display by a sitting High Court judge. This has undoubtedly tarnished the image of the Madras High Court and cast a bad light on the judiciary, which we hold in the highest esteem as our temple of justice,” the letter further said.
The signatories stated that the conduct of the senior judge disrupted the smooth functioning of the Madras High Court. They demanded that she be immediately relieved of her duties in Madras.
Justice Banu, hailing from Nagercoil, began her legal practice in Madurai. She held several positions, including the President of the Women Advocates Association of the Madurai Bench of Madras High Court, Secretary of the Tamil Nadu Federation for Women Lawyers, and Joint Secretary of the All India Federation for Women Lawyers.
“She has served for nearly nine years in Madurai and delivered several excellent judgements. Even during her days as a practising lawyer, she worked actively for women lawyers’ organisations,” Senior Advocate K Samithurai, President of the Indian Association of Lawyers (Madurai), told South First.
“She is a judge known for honesty, responsibility and clarity in her decisions,” he added.
A senior lawyer practising in the Madras High Court said it was rare to see a woman judge in the top three ranks of a High Court.
“Transferring her to Kerala and pushing her down to the 9th position is clearly a punishment posting. There may be political motives behind the move,” he said, requesting anonymity.
The advocate cited a recent judgement on the Tirupparankundram Hill case.
Advocate S Parthasarathy of the Madras High Court claimed that the lawyers who sought the enforcement of her transfer “belong to right-wing groups acting in the name of the legal fraternity”.
He claimed that two major judgements delivered by Justice Banu angered this group.
One was the 2023 habeas corpus petition filed by the wife of former minister V Senthil Balaji after his arrest by the Enforcement Directorate (ED). Justice Banu ordered his immediate release, observing that the ED had not followed the legal procedures before arresting him. She also barred the ED from conducting custodial interrogation.
The second was her ruling on the case involving animal sacrifice at the Sikandar Badusha Dargah atop the Tirupparankundram Hill. Justice Banu held that animal sacrifice could not be selectively banned at the dargah, since the practice had long existed not only there but also in several Hindu temples in the Madurai region and elsewhere in India.
A blanket ban, she ruled, would amount to discriminatory enforcement, because animal sacrifice has been part of religious tradition in multiple faiths.
“These two judgements are what angered the right-wing groups,” Parthasarathy said, adding that the transfer and the letters were a result of political resentment.
“This is a punishment for doing her job well. Why should a judge in the top three be transferred in a way that deliberately lowers her seniority?” Parthasarathy asked.
“If a judge is to be transferred, it must be a promotion transfer. But here, she is being pushed down in seniority. That clearly makes it a punishment posting.”
(Edited by Majnu Babu).
