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

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Karnataka High Court

[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]

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Tax terrorism has to stop, says Congress after Income Tax Department issues fresh Rs 1,700 crore notice

The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

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Ahead of the Lok Sabha election, the Congress’ financial woes worsened once again with the Income Tax Department issuing a fresh Rs 1,700 crore notice. The tax department issued the notice due to discrepancies in tax returns. 

The fresh notice is for assessment years 2017-18 to 2020-21 and includes penalty and interest. This comes a day after the Delhi High Court dismissed the party’s petition challenging the tax notices. 

The opposition party is already facing a funds crunch after Income Tax authorities imposed a penalty of Rs 200 crore and froze its funds. Furthermore, the party has not received any relief from the High Court in the case and is likely to approach the Supreme Court. The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

Addressing a press conference, Congress MP Jairam Ramesh said that the notices are being sent to cripple the party financially. Calling the action as tax terrorism, Jairam Ramesh said that this attack on Congress has to stop.

Earlier in February, the Income Tax department had found fault in the party’s tax returns and demanded Rs 200 crore. Subsequently, the Income Tax Appellate Tribunal (ITAT) had asked the party to pay the dues and froze their accounts. The Congress stated the tax tribunal’s order freezing its funds was an attack on democracy as the order came just ahead of the Lok Sabha elections.

AICC general secretary K C Venugopal stated that this is a deliberate attempt by the Narendra Modi-led to bankrupt the Congress ahead of elections. He mentioned that the timing of the penalty notice, following the Delhi High Court’s dismissal of Congress petitions challenging tax reassessment proceedings, reeks of political vendetta.

He underlined that while political parties are typically exempt from taxes, this penalty is allegedly due to delayed filing of returns. He asserted that it is a blatant move by the Modi government to cripple the Congress financially, especially during the elections. He further asserted that in response to the notice, the Congress plans to stage a nationwide protest, condemning BJP’s exploitation of central agencies to target opposition parties. 

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Akhilesh Yadav, Mayawati, Tejashwi Yadav mourns demise of Mukhtar Ansari, demand probe

Akhilesh Yadav mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge.

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Mukhtar Ansari, gangster turned politician, who has been in jail since 2005, died due to cardiac arrest on Thursday. After Ansari’s death, his family alleged that the politician had been poisoned in the jail.  

Expressing sorrow, several opposition leaders demanded a probe into the death of Mukhtar Ansari. Notably, the gangster turned politician submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Former Deputy Chief Minister of Bihar, Tejashwi Yadav wrote on X that a few days ago Mukhtar Ansari complained that he had been poisoned in jail, yet it was not taken seriously. He added that prima facie the move does not seem justifiable and humane. He stated that constitutional institutions should take suo motu cognizance of such strange cases and incidents.

Former Chief Minister of Uttar Pradesh and Samajwadi Party Chief, Akhilesh Yadav said that the state is going through the worst phase of government anarchy. He added that it is the responsibility and duty of the government to protect someone’s life in every situation and at every place. 

The former Chief Minister added that the death of a hostage or prisoner while being confined in the police station, in a fight inside the jail, on falling ill inside the prison, while being taken to court, while being taken to hospital or during treatment in hospital will erode public confidence in the judicial process. He mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge. He claimed that the way the government bypasses the judicial process and adopts other methods is completely illegal. 

Taking to social media platform X, Bahujan Samaj Party supremo Mayawati said that the persistent apprehensions and serious allegations made by Mukhtar Ansari’s family regarding his death in jail require a high-level investigation so that the facts in his death can be revealed. 

AIMIM leader Asaduddin Owaisi said that the people of Ghazipur lost their favourite son and brother. He added that Mukhtar Ansari had made serious allegations against the administration that he was poisoned, but the government did not pay any attention to his treatment.

Congress spokesperson Surendra Rajput stated that custodial deaths and firing in jail has become very common in Uttar Pradesh. He added that high level investigation should be conducted.

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Uttar Pradesh on high alert after gangster turned politician Mukhtar Ansari death, probe ordered on poisoned in jail charge

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state.

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Several towns in Uttar Pradesh are on high alert and security has been strengthened after jailed gangster-turned-politician Mukhtar Ansari died of cardiac arrest. His family alleged that the gangster, who has been in jail since 2005, was poisoned. 

The jailed gangster was hurried to a hospital after he fell unconscious at district jail on Thursday night. After a few hours, he was declared dead by the doctors at the Rani Durgavati Medical College. 

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state. The Central Reserve Police Force (CRPF) has also been called in to assist the police. Reportedly, the CRPF units have already been deployed in Banda, Mau, Ghazipur, and Varanasi.

Additionally, the social media cell of the Uttar Pradesh Police is also on high alert to track unlawful elements that may try to spark a riot. Furthermore, a magisterial investigation into the death of Mukhtar Ansari will be carried out by a three member team, reports said.

A former five-time MLA from Mau Sadar seat Muktar Ansari, had 60 criminal cases pending against him. The gangster turned politician was sentenced in eight cases since September 2022 by different courts of Uttar Pradesh and was lodged in the Banda jail.

Earlier, the former five-time MLA from Mau submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Muktar Ansari was born into a family with deep roots in the independence struggle. His grandfather served as the Indian National Congress president in 1927. He was initially affiliated with the Bahujan Samaj Party before forming the Quami Ekta Dal (QED) after being expelled.

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