A Judge quits

The resignation of Justice Jayant M Patel of the Karnataka High Court, who had ordered a CBI probe into in the 2004 Ishrat Jahan encounter case in Gujarat, has raised many questions over the functioning of the collegium system that is supposed to be free from pressure from all quarters, particularly the executive. Justice Patel has maintained a dignified silence over his resignation and has not linked denial of the Chief Justice slot to him with the Ishrat Jahan case. Questions, however, remain. Was Justice Patel’s transfer to the Allahabad High Court aimed at scuttling chances of him becoming the Chief Justice of the Karnataka High Court or to the Supreme Court? Although this is not the first time that a collegium has denied elevation to a judge, Justice Patel indicated his unhappiness over the transfer with just 10 months left for his retirement. 

It may be a coincidence that all those who took a stand either way on the investigation into Gujarat riots or criminal cases involving Amit Shah have seen a change in their career trajectories. While the charges against them may stick to those from the executive, it cannot be the case for judges. More light may be shed if Gujarat advocates go ahead with their resolve to seek full disclosure of the reasons of the collegiums of the Supreme Court or High Courts regarding appointments. 

Hardly two years back, the Supreme Court struck down the 99th Amendment of the Constitution along with the National Judicial Appointments Commission Act because it compromised judicial independence by allowing the Union Law Minister to be a part of the judges’ selection panel. Another verdict sought transparency in the collegium system through amendments in the Memorandum of Procedure (MoP) for appointment of apex and high court judges. But the Centre and the collegium remain at loggerheads over the MoP. It may be easy to blame the  executive for interference – actual or perceived – in judicial affairs. It will also find it difficult to answer the questions raised by the resignation of Justice Patel which can potentially shake public confidence in the judicial system.