Quit as I didn’t want to go to Allahabad: Judge

With Chief Justice Subhro Kamal Mukherjee set to retire on October 9, Justice Patel was due for promotion as Acting Chief Justice

BENGALURU: Karnataka High Court judge Justice Jayant Patel on Tuesday said he tendered his resignation since he did not wish to serve in Allahabad High Court, where he would have been the third seniormost judge, for the remaining 10 months of his tenure.  Justice Patel was the second senior-most judge in the state High Court.

Confirming his resignation, he said, “I have submitted my resignation papers and it has been accepted. Since Monday, I have been relieved of my duties. My resignation was a well thought-out decision by me and my family. I am going with sweet memories of the 19 months of service in Karnataka.”
High Court Chief Justice Subhro Kamal Mukherjee is set to retire on October 9. Justice Patel was due for promotion as Acting Chief Justice if not for his transfer.  He was Acting Chief Justice of the Gujarat High Court from August 13, 2015, till his transfer to Karnataka last February.  

Sources close to Justice Patel said judges normally go by law and not by cause titles in which names and other details are mentioned. “There are judgments in both Karnataka and Gujarat High Courts which show how he was as a judge,” the source said.  The sources refused to attribute any reasons for his transfer.
When asked if it was related to his judgment ordering a CBI probe into the Ishrat Jahan case when he was in Gujarat, they  refused to answer and said, “He served in the spirit of the oath he had taken.’’ Sources close to Justice Patel said, “He did not want to spoil the discipline of the judiciary (by talking about the reasons for his transfer).”

Lawyers tried to convince him

Some senior members of the Bar tried to convince the judge to reconsider his decision but failed. Sources said the judge is said to have told them that he has taken a decision and his resignation was faxed to the President. Moreover, there is no point in continuing when there is no value for honesty, the judge is learnt to have said.

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