India News

Those who took decision on transfer must answer how it was done: Karnataka HC judge Patel after resignation

Published

9 years ago

September 27, 2017

[vc_row][vc_column][vc_column_text]Justice Jayant Patel had resigned after learning that he was being transferred to Allahabad HC where he would have been third in queue for chief justice post

Justice Jayant Patel of the Karnataka High Court, who famously ordered a CBI enquiry into the Ishrat Jahan fake encounter case while he was a judge in the Gujarat high court, had sent in his resignation letter to Karnataka’s Chief Justice SK Mukherjee, on Monday. Justice Patel’s decision to quit – 10 months before he was set to retire –had come after he learned that he was being transferred to the Allahabad High Court, a move that would have ensured that he isn’t promoted to the rank of Chief Justice in Karnataka – or Allahabad for that matter.

While his resignation has created a flutter in the legal community of Karnataka, sent ripples across India’s judiciary and reignited the debate on the lack of transparency in the manner in which judges are appointed, transferred or elevated, all that Justice Patel has to say on the chain of events he has triggered is that those who took the decision on his transfer “must answer” on how this was done.

Had Justice Patel not been transferred to the Allahabad High Court he would have, by convention, been elevated to the rank of Chief Justice of the Karnataka High Court. Incumbent Karnataka Chief Justice Mukherjee is set to retire on October 9, and Justice Patel was the next senior-most judge in the court. However, had he moved to the Allahabad High Court, Justice Patel would have been the third seniormost and with just 10 months left for his retirement, he would have effectively been out of the race for a promotion.

In an interview to the Indian Express, Justice Patel declined to attribute motives to the Supreme Court collegiums for deciding to transfer him to the Allahabad High Court and robbing him of his elevation but said: “Those who have taken decisions must answer how it was done. I cannot say anything”.

The judge, who enjoys support and respect across bar associations of Gujarat – where he had briefly been elevated as Acting Chief Justice before being transferred to the southern state as a regular judge – and Karnataka refused to link the denial of his confirmation as Chief Justice to his landmark decision of ordering a CBI probe in the Ishrat Jahan encounter case in 2011.

“When I became aware about my contemplated transfer to the Allahabad High Court, I decided to resign. I have already sent my resignation to the President of India. From yesterday, I am relieved of responsibilities. How it happened and what happened is for you to consider,” the Indian Express quoted Justice Patel as saying.

“I had no desire to be shifted to Allahabad. I have worked with dignity for 16 years as a judge, and for (the remaining) ten months why should I go to another place,” Justice Patel added.

Clearly anguished over being forced to resign and being denied what many feel was his rightful due, Justice Patel said: “What I feel is that I did my duty as per the oath of my office. Punishment is ultimately in God’s hands. One thing I can say is that wherever I worked, it has been with all sincerity and strictly as per my oath of office.”

Asked specifically if he would have been elevated had he not ordered the CBI probe in the Ishrat Jahan encounter – a case that had pointed fingers at the then Gujarat chief minister and now Prime Minister Narendra Modi and the then minister of state for home in Gujarat, Amit Shah, who is now the BJP national president – Justice Patel said: “Everyday we take decisions. We do not look at whether the case is about X or Y and we cannot decide a matter like that. We do not see the name of the party and decide the course. This is what is expected of us. I don’t think this could be the reason (for my transfer) but I cannot answer as the decisions were taken by someone else.’’

Senior Supreme Court advocates Dushyant Dave and Yatin Oza have both indicated that Justice Patel was denied the Chief Justice’s rank on account of his decision to order a CBI probe into the Ishrat Jahan case.

Advocates who met him after news of his resignation broke on Tuesday in an effort to get him to reconsider his decision said that Jutice Patel had conveyed that matters were beyond reconsideration.[/vc_column_text][/vc_column][/vc_row]

Up Next

Local court acquits Mukhtar Ansari of murder charge for lack of evidence

Don't Miss

Indian Army strikes Naga insurgents along Myanmar border, inflicts heavy casualties

India News

Yogi Adityanath takes a dig at Akhilesh Yadav over Ram Temple visit plan

Yogi Adityanath’s remarks came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12.

Published

3 hours ago

November 7, 2026

APNLive Desk

Uttar Pradesh Chief Minister Yogi Adityanath on Saturday took an apparent swipe at Samajwadi Party chief Akhilesh Yadav over his planned visit to the Ram Temple in Ayodhya, saying those who had fired on Ram devotees should first apologise to them and to the saints.

Yogi made the remarks while addressing the 10th edition of Deepotsav in Ayodhya. He did not name Akhilesh Yadav directly.

Yogi’s remarks come after Akhilesh’s Ayodhya visit plan

The chief minister’s comments came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12. It would be his first visit to the temple since its inauguration, according to the report.

Yogi said those who had earlier neglected and insulted Ayodhya, opened fire on Ram devotees and subjected saints to lathicharge should come to the city only after seeking forgiveness.

“Let them apologise to the devotees of Lord Ram; let them apologise to the saints,” Yogi said, adding that they should repent for their past actions.

Reference to 1990 firing on kar sevaks

Yogi’s remarks referred to the 1990 police firing on kar sevaks during the Ram Janmabhoomi movement. At the time, the Uttar Pradesh government was headed by Mulayam Singh Yadav, Akhilesh Yadav’s father.

The chief minister said those who had once “bloodied” Ayodhya were now remembering the city. He also criticised political leaders over their conduct at religious gatherings, referring to the decorum of a katha.

Akhilesh has not yet visited the Ram Temple

Akhilesh Yadav has visited Ayodhya earlier but has not so far visited the Ram Temple. The SP leader was in the city on October 8 to attend a Bhagwat Katha organised by party leader Pawan Pandey.

According to the report, Akhilesh and his wife, Mainpuri MP Dimple Yadav, are scheduled to offer prayers at the Ram Temple and Hanumangarhi on December 12.

The planned visit comes amid political activity in Ayodhya ahead of the Uttar Pradesh Assembly elections due by February 2027.

Yogi highlights Ayodhya’s transformation

During his Deepotsav address, Yogi also spoke about the changes in Ayodhya and described the city’s transformation as an ideological victory.

He said those who had previously neglected Ayodhya were now witnessing its development. He also said Lord Ram represented India’s national consciousness, culture, values and self-respect.

The chief minister further recalled the Ram Janmabhoomi movement and said Ayodhya had regained the glory for which kar sevaks and saints had struggled.

India News

Ahead of Diwali, Yogi govt hikes DA by 5% for UP government staff

The Uttar Pradesh government has increased Dearness Allowance by 5 percentage points, taking it from 58% to 63%. The revised rate will benefit lakhs of eligible employees ahead of Diwali.

Published

3 hours ago

November 7, 2026

APNLive Desk

The Uttar Pradesh government has announced a 5 per cent increase in Dearness Allowance (DA) for state government employees ahead of Diwali. With this revision, the DA rate has increased from 58 per cent to 63 per cent, providing financial relief to lakhs of eligible employees across the state.

The revised allowance will be effective from July 1, 2026, according to the government announcement. A government order was also issued on Saturday, November 7.

The enhanced DA will be paid along with employees’ regular November 2026 salaries.

Which employees will benefit from the DA hike?

The decision covers regular state government employees and several other categories of eligible staff.

These include employees of aided educational and technical institutions, regular and full-time employees of urban local bodies, work-charged employees and personnel drawing salaries under University Grants Commission (UGC) pay scales.

The revision is expected to benefit a large section of the Uttar Pradesh workforce ahead of the festive season.

What happens to the DA arrears?

The revised DA rate will apply retrospectively from July 1, 2026. Consequently, employees will also be entitled to arrears for the period preceding the November salary payment.

The government has made provisions for the payment of the arrears for July to October 2026. These amounts will be credited to employees’ provident fund accounts, according to the reported payment arrangements.

The enhanced allowance for November will be reflected in the regular salary for that month.

The decision comes ahead of Diwali and will provide additional financial relief to eligible government employees in Uttar Pradesh.

India News

Himanta Sarma to approach court over threat to gherao home in Zubeen case

Assam Chief Minister Himanta Biswa Sarma said his government would approach the Supreme Court and Gauhati High Court over a threat to gherao his residence if two prime accused in the Zubeen Garg death case are granted bail.

Published

5 hours ago

November 7, 2026

APNLive Desk

Assam Chief Minister Himanta Biswa Sarma on Friday said the state government would bring before the Supreme Court and Gauhati High Court a threat by a group to gherao his residence in connection with the Zubeen Garg death case.

Speaking to reporters, Sarma described the threat as a serious matter, saying it posed a danger to his family and could amount to a direct attempt to murder.

The development comes ahead of the Supreme Court hearing on November 30 of the bail petitions filed by Shyamkanu Mahanta and Siddhartha Sharma, the two prime accused in the case.

Why Himanta Sarma plans to approach the courts

Sarma said he had instructed the state government’s legal department to bring the matter to the notice of both the Supreme Court and Gauhati High Court.

The Chief Minister objected to the group threatening to target his residence rather than holding a protest near the Chief Minister’s Office.

He said those questioning the judicial process should approach the Supreme Court or the high court instead of targeting him. Sarma also maintained that the courts should be allowed to carry out their work.

According to him, attempts to question the judicial process in this manner could obstruct the path of justice.

What the group said about the bail pleas

The Zubeen Garg Nyay Samiti, led by Raijor Dal MLA Akhil Gogoi, had announced on Thursday that it would gherao the Chief Minister’s residence under certain circumstances.

The group said it would carry out the protest if Shyamkanu Mahanta and Siddhartha Sharma were granted bail or if the Assam government failed to mount an effective legal opposition to their bail pleas.

The Supreme Court is scheduled to hear the bail petitions of the two accused on November 30.

Bail granted to two accused in the case

The Gauhati High Court granted bail to singer Amritprava Mahanta, an accused in the Zubeen Garg death case, on October 9. She was granted bail against a bond of Rs 50,000 and two sureties of the same amount.

The high court has also granted bail to Sandipan Garg in the case.

Referring to the bail order concerning Amritprava Mahanta, Sarma said it mentioned that 160 witnesses had not named her during the court hearing, despite having done so during the investigation conducted by the Special Investigation Team (SIT).

Responding to questions over the development, Sarma said the witnesses should be questioned about the discrepancy rather than him.

What happened to Zubeen Garg?

Singer Zubeen Garg died in Singapore on September 19 last year while swimming in the sea.

Police in Singapore had said that no foul play was involved in his death. Garg had travelled to Singapore to attend the fourth edition of the North East India Festival (NEIF).