Karnataka State Bar Council lawyers go on strike to protest against Justice Jayant Patel's resignation

The Karnataka State Bar Council has decided to strike work today to protest against the controversial resignation of High Court judge Justice Jayant Patel.

Lawyers are also miffed with the fact that vacancies of judges are lying vacant, which is putting extreme pressure on the present judges to handle cases on various subjects.

KSBC Chairman PP Hegde said, "Because of the injustice meted out to the upright judge, we have called upon all lawyers in the state to go on protest and abstain from work on October 4."

A resolution passed by the KSBC stated, "The entire legal fraternity is anguished and greatly disturbed by the shaking of faith/confidence in the collegium system, which has meted out such treatment to the Hon'ble Mr. Justice Jayant Patel. This despite the fact that Patel has satisfactorily discharged his duties and functions as a judge. Members of the Bar perceive that apparently the decision-makers in the judiciary and the executive have overlooked the aspirations and spirit of the NJAC verdict in achieving transparency by the actions reflected in recent events like the proposed transfer of Hon'ble Mr. Justice Jayant Patel on the eve of the incumbent Chief Justice of Karnataka retiring and need to appoint another in the vacancy accruing. We request the Members of the Bar across the state to abstain from appearance in their respective Courts on Wednesday, October 4, 2017 as a mark of 'protest' and to vindicate the independence of the judiciary. We also want to express concern and request through the said process that faith in the system be restored. The NJAC verdict sought for transparency in collegium appointment of judges and for independence of the Judiciary."

After Justice Patel's resignation, only 25 judges are currently serving at the high court, as against a sanctioned strength of 62. The Lawyers Community, Bangalore has also echoed the sentiment in their open letter to Chief Justice of India Dipak Misra.

The letter has called for the reason behind Justice Patel's transfer to the Allahabad High Court to be made public. It states, "The decision of the Collegium transferring Justice Jayant Patel to the Allahabad High Court resulting in his supersession to the post of the Chief Justice of the Karnataka High Court has shocked the advocates not only in Karnataka, but across the country. Justice Jayant Patel is known as a fair, impartial and independent judge. The decision of the collegium to transfer him has once again brought to the forefront issues relating to the absolute lack of transparency and accountability in the functioning of the collegium system. Several attending circumstances raise further doubts as to the propriety of the decision of the collegium. Considering the impeccable record and clinical efficiency of Justice Jayant Patel, becoming the Chief Justice of the Karnataka High Court was a natural progression in his tenure, which he has now been deprived of. The timing of the transfer clearly shows that it was intended to ensure that Justice Jayant Patel would not be made Chief Justice of the Karnataka High Court. Further, the transfer was evidently unwarranted at this juncture. The serious shortage of judges in the Karnataka High Court, due to more than 50 per cent of the posts of judges being vacant, also call for disclosure of reasons behind his transfer."

Justice Patel tendered his resignation after it was revealed that he was going to be transferred to the Allahabad High Court. This move would scupper Patel's chances of becoming Chief Justice of the Karnataka High Court, or going to the Supreme Court. Justice Patel would have been the third seniormost judge at the Allahabad High Court.

The speculation doing the rounds is that the Centre was keen on blocking his elevation to the Supreme Court, on account of his ordering a CBI investigation into the Ishrat Jahan case. That order, passed when he was Acting Chief Justice of the Gujarat High Court, was seen to cause a major embarrassment to the state government, then led by Narendra Modi.