Justice Patel’s transfer decision was unanimous

Attempting to put the record straight on the controversy over Justice Jayant Patel's transfer from Karnataka high court to Allahabad HC, the Supreme Court on Tuesday said the decision to transfer him was unanimous and taken after deliberations on inputs received from HCs concerned. The one-line clarification cum-statement from official sources in the SC read, "Decision taken to transfer Justice Jayant Patel was a conscious and unanimous decision taken after adequate deliberation keeping in view the input on record." The collegium headed by CJI Dipak Misra comprises Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph. The collegium had earlier decided to transfer him from Karnataka HC to Bombay HC, where he would have been number four in seniority. But later, it decided to transfer him to Allahabad HC, where he would have been number two in seniority. Though the collegium sought Justice Patel's views about the decision to transfer him to Allahabad HC, the judge submitted his resignation to the President without giving his response. His resignation has been accepted and notified. A controversy got attached to the resignation as Justice Patel, as a judge of Gujarat HC, had ordered a CBI probe into Ishrat Jahan "fake encounter" case. He was transferred to Karnataka HC after there was a complaint against him from advocates. The transfer process involves taking the views of chief justices of the two HCs involved, but sources had earlier told TOI that transfers were a routine process involving the CJI writing identical letters to the two CJs concerned proposing transfer of a judge from one HC to another "in the interest of better administration of justice". Actual reason discussed by the collegium for a judge's transfer from one HC to another is rarely spelt out while seeking views of the two HC CJs, making it impossible for CJs to give views, sources had said. Justice Chelameswar had been pitching for recording of reasons while selecting a person for appointment as a judge of the SC or HCs or transferring a judge from one HC to another.

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