Justice Patel of Karnataka HC Declines Transfer, Resigns

Justice Patel was part of a division bench of Gujarat HC that ordered a CBI probe into the Ishrat Jahan encounter in 2011, also served as acting chief justice of Gujarat HC ‘I have sent a copy (of resignation letter) to high court chief justice’

New Delhi: Justice Jayant M Patel of the Karnataka high court has resigned after the Supreme Court collegium transferred him to the Allahabad high court. Justice Patel told ET that he was asked by the collegiumtocommentonwhyheshould not be transferred to the Allahabad high court. He declined his consent to be transferred and instead put in his papers. Since he holds a constitutional post, there was no question of anybody accepting or not accepting his resignation, Justice Patel said.

“I have sent a copy (of the resignation letter) to the high court chief justice,” he said, refusing to say anything further. Justice Patel would have been a relatively junior judge in the Allahabad HC. Justice Patel was the second senior-most judge in the Karnataka HC and tipped to become the chief justice after incumbent SN Mukherjee’sretirementonOctober9.

People familiar with the development said the SC collegium decided to transfer Justice Patel on September15.JusticePatelwaspart ofadivisionbenchoftheGujaratHC that ordered a CBI probe into the Ishrat Jahan encounter in 2011. He also served as the acting chief justice of Gujarat before he was transferred to the Karnataka HC. The collegium that recommends appointment and transfer of judges comprises CJI Dipak Misra and justices Jasti Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, the five seniormost judges. It is not known if any collegium member dissented to the decision to transfer Justice Patel.

Legal circles had expected Justice Patel to be elevated to SC in case he was not made chief justice of Karnataka asSChas no representation from Gujarat since Justice AR DavedemittedofficelastNovember.

Ex-presidentoftheGujaratHCBar Association Yatin Oza expressed shock over the decision and said Justice Patel was an outstanding and honest judge. “I am criticising their administrative decision, not their judicial decision. It is not contempt.” The association has decided togoonaday’sstrikeonWednesday against the collegium decision.