The transfer of Justice Jayant Patel of the Karnataka High Court to the Allahabad High Court was a unanimous decision by the Supreme Court Collegium, reliable sources in the Supreme Court have said. Sources confirmed it was a “conscious and unanimous decision taken after adequate deliberation keeping in view the inputs on record.”
Justice Patel’s resignation shortly after his transfer had caused a furore in the legal community and led to heated debates on the independence of the judiciary. Justice Patel had given no reasons for his decision to resign.
The Supreme Court Bar Association (SCBA) had recently passed a resolution conveying its “firm view that the issue of opaqueness and lack of transparency in matters of elevation and transfer of judges of the higher judiciary is a matter of grave concern for the entire legal fraternity and especially the Supreme Court Bar Association”.
The Gujarat High Court Advocates Association is also reported to have filed a petition seeking greater transparency, even as the Supreme Court Collegium is considering a move to streamline its procedure for judicial appointments.
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Justice Patel, who had a tenure till August, was expected to take over as Chief Justice of the Karnataka High Court following the retirement of the present chief justice on October 9.
He was Acting Chief Justice of the Gujarat High Court before his transfer to the Karnataka High Court in February 2016. He was in the spotlight for ordering a CBI probe into the Ishrat Jahan fake encounter case in Gujarat .