His Landmark Rulings, Judicial Shortages, and the Future of Liberty in Jammu & Kashmir

||Black and White Digital News ||

||Parvinder Singh April 02,2025||

JAMMU: Justice Atul Sreedharan, a judge known for his emphasis on constitutional liberties and judicial accountability, has been transferred to the Madhya Pradesh High Court just 26 days before he was set to become the Chief Justice of the Jammu & Kashmir (J&K) and Ladakh High Court. His transfer has sparked discussions about judicial independence, the state of the judiciary in J&K, and whether outspoken judges face institutional pressure.

A Judge Who Stood for Individual Liberty:

During his tenure, Justice Sreedharan emerged as a significant defender of individual rights, particularly in cases involving the Public Safety Act (PSA) and Unlawful Activities Prevention Act (UAPA)—two laws that have been widely criticized for their potential misuse.

1. Challenging Preventive Detention & Unlawful Arrests

Justice Sreedharan ruled that the government could not detain individuals without clear evidence and emphasized that preventive detention laws should not replace regular legal proceedings.

• July 2023: He ruled that a fundamentalist Muslim cannot be equated with an extremist or a separatist, stressing that religious beliefs alone could not justify state action under the PSA.

• July 2024: He fined a district magistrate ₹10,000 for issuing an unjustified detention order, setting a precedent for accountability in arbitrary arrests.

• November 2023: A division bench led by him granted bail to journalist Fahad Shah, accused of publishing a “seditious” article, stating that journalism should not be equated with terrorism.

In several cases, he emphasized that accusations under UAPA and PSA must be backed by concrete evidence, warning against their misuse to suppress dissent.

2. Holding the Government Accountable in Administrative Matters

Beyond criminal cases, Justice Sreedharan played a crucial role in ensuring government accountability in financial and administrative matters.

• September 2024: He fined the J&K administration ₹900,000 for delaying payments to a contractor, stating that failure to meet financial obligations called into question India’s economic claims.

• March 2025: Just before his transfer, he and another judge issued a warning to the Minister of Public Works for obstructing court orders.

These judgments underscored his commitment to upholding not just constitutional rights, but also good governance and accountability.

A Court in Crisis: Growing Judicial Vacancies in J&K

Justice Sreedharan’s transfer comes amid a severe judge shortage in the J&K High Court.

• In November 2024, the sanctioned bench strength was increased from 17 to 25, reflecting the need for judicial expansion.

• As of March 2025, there were only 14 sitting judges—well below the required number.

• With two retirements scheduled for April 2025, this number will drop to 12 judges, significantly affecting judicial efficiency.

Given this judicial shortfall, the transfer of a senior judge, especially one poised to become Chief Justice, raises concerns about the administration of justice in J&K.

Why Was Justice Sreedharan Transferred?

Under Article 222(1) of the Constitution of India, high court judges can be transferred by the President after consulting the Chief Justice of India. The Supreme Court Collegium recommended Justice Sreedharan’s transfer to Madhya Pradesh, where he was originally elevated as a judge in 2016. However, the timing of this transfer—just weeks before he was set to lead the J&K High Court—has led to speculation.

Judicial transfers have often been viewed with suspicion, particularly when they involve judges known for challenging the state. Was this transfer routine, or was it meant to curb a judge known for questioning government overreach? The judiciary has seen similar instances in the past where transfers of outspoken judges have sparked debates on judicial independence.

Farewell Tributes: Recognizing His Contributions

On March 20, 2025, a full court reference was held at the Jammu wing of the High Court to bid farewell to Justice Sreedharan.

• Chief Justice Tashi Rabstan praised him as a “kind-hearted and dedicated jurist” who upheld constitutional values.

• Senior Additional Advocate General Monika Kohli acknowledged his dedication and commitment to justice.

• Nirmal Kotwal, President of the J&K High Court Bar Association, lauded his respect for lawyers and his fairness in judicial proceedings.

The Larger Implications of His Transfer

Justice Atul Sreedharan’s transfer leaves a significant void in the J&K judiciary, particularly at a time when:

• The court is struggling with a shortage of judges.

• Cases of preventive detention and UAPA charges are under increasing scrutiny.

• The region remains sensitive to constitutional and human rights concerns.

While his judgments will serve as precedents for future cases, his absence from J&K’s judiciary raises a larger question about whether judicial independence is truly safeguarded in cases involving government scrutiny.

With his departure, the J&K High Court loses a strong voice for individual liberty and accountability—a loss that could have lasting implications on the legal landscape of the region.