Senior Advocate Vikas Pahwa has formally appealed to Chief Justice of India (CJI) Bhushan Ramkrishna Gavai to reconsider the proposed transfer of two Delhi High Court judges, Justices Arun Monga and Tara Vitasta Ganju. In a letter dated August 27, 2025, Pahwa voiced concerns regarding the potential impact of these transfers on judicial continuity, public confidence in the legal system, and the overall morale of the institution.

Reports indicate that the Supreme Court Collegium has recommended Justice Monga's transfer to the Rajasthan High Court and Justice Ganju's transfer to the Karnataka High Court. Pahwa's letter highlights that both judges were appointed to the Delhi High Court bench relatively recently and have quickly garnered respect from the Bar and litigants for their judicial approach. He specifically noted Justice Monga's immediate and positive impact on the functioning of the criminal roster. Pahwa argued that retaining Justice Monga in Delhi would bolster judicial stability and public perception of fairness. Similarly, he believes that keeping Justice Ganju in Delhi would reinforce trust in the civil side of the court and ensure continuity for litigants.

A key point of concern raised by Pahwa is the possibility that "unverified reports, wholly unrelated to the official duties or judicial work" of the two judges may have influenced the transfer decision. While acknowledging the Collegium's administrative discretion in judicial transfers, the letter cautions that decisions not based on performance-related considerations could undermine judicial independence and negatively affect the morale of the institution. Pahwa emphasized Justice Ganju's reputation for a balanced and patient approach, inspiring confidence among lawyers and litigants.

The Collegium's recommendations are pending official notification by the Union Government. If the transfers are approved, the Delhi High Court would lose two recently appointed judges shortly after the beginning of their terms. Pahwa concluded his letter by urging Chief Justice Gavai to reconsider the proposed transfers "in the larger interest of justice, litigant confidence, and judicial continuity".

The Supreme Court Collegium, responsible for recommending judicial appointments and transfers, has often faced scrutiny regarding its decision-making processes. The lack of transparency and potential for subjective factors to influence decisions have been points of contention. Some legal experts and commentators have called for greater accountability and transparency in the Collegium's functioning to maintain public trust in the judiciary. The current situation highlights the delicate balance between the Collegium's administrative authority and the need to safeguard judicial independence and morale.